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Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Atto......adul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbu......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Jamila Khatun Vs. State, 2012, 41 CLC (AD)

....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. .........................................Respondent Judgment   November 26, 2012. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......e Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. J......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......statute permits such sub-delegation.......... (15) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......adesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. H......rors in the answer key, the new test score of the students involved in the writ petition would be as follows :— (1) Zumana Mustafa, Roll; 133202, (2) Samia Afroz, Roll: 131280, (3) Marzuka Ahmed Zakia, Roll: 131253, (4) Zerin Tasnim Sara, Roll:324146, (5) Zishan Sarwardi, Roll: 321468, (6...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)

....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......2012.    Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before such hearing and the Court has to be ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..

Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2

Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)

.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ....... (17)   Cases Referred to- IFIC Bank Ltd Vs. Manner Fashions Wear Pvt. Ltd, 12 BLC 723; Salma Begum Vs. Sonali Bank Ltd, 63 DLR 282. Lawyers Involved: Pronay Kanti Roy, Advocate—For the Petitioner. Md. Imam Hasan, Advocate—For the Opposite-Party No.1. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..

Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......he State Acquisition and Tenancy Act.…………………………………(12) Case Referred to- S.M Basiruddin Vs. Z. Islam, (1983) 35 DLR (AD) 230. Lawyers Involved: Omar Farook, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Ex-parte-For th......Jan died leaving behind two daughters, namely, Jahanara Begum and Ayesha Khatun and sisters, namely, Sajaba, Masma, Zahura and Masuda Khatun. Later, Masuda Khatun died leaving behind husband, Amir Ahmed and other sisters. On 15.11.1977, the appellants and Rahmatullah purchased the shares of othe......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......Setara Begum Vs. Al-Arafah Islami Bank Ltd., 61 DLR 791=14 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakm......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

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

....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......ib Vs. State, 8 BLD 210; Abdul Jabbar Vs. State, 1 MLR 164; Khalil Mia Vs. State, 7 BLT (AD) 245 = 4 BLC (AD) 223; Rahim Baksh Vs. Crown, 4 DLR (FC) 53. Lawyers Involved: Md. Afzal Hossain, Advocate—For the condemned-appellants (In Criminal Appeal No.1205 of 2007. Shirin Afroze,......tion 161 of the Code of Criminal Procedure. After the arrest of all the condemned-appellants, namely, Tipu, Shahid and Khorshed, Sub-Inspector Md. Mainul Islam forwarded them to the P.W.4 Syed Lokman Ahmed for recording of their con­fessional statements and accordingly, the learned Magistrate (P......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......nal, 17 BLC 249;Commissioner of Customs Vs. Cab Express (BD) Ltd 64 DLR (AD) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chak......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ed deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Co......etition that the land as described in the schedule of the impugned notice originally belonged to Sreemoti Hemlata Sarkar and others, who proposed to sell it in 1963. Petitioner’s husband Sheikh Ali Ahmed agreed to purchase the land for total consideration of Taka 59,000/-, out of which the said He......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ......peal was called on for hearing…..........(25) Cases Referred to- Belayet Hossain Vs. Md Abu Taher 32 DLR (AD) 231; 21 DLR 353 and 7 DLR 173. Lawyers Involved: Golam Arshed, Advocate—For the appellant Abdus Samad Azad, Advocate—For the respondent No.1. ...... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ...... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ..

Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... 460; State of UP Vs. Sughar Singh, AIR 1978 SC 191; State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbub Hossain, Senior Advocate (with Yousuf...... Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J   Md. Imman Ali J State.......................................Appellant Vs. Kazi Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The app......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......460; State of U.P. Vs. Sughar Singh, AIR 1978 SC 191;State of Uttar Pradesh Vs. Ram. Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Khandker Mahbub Hossain, Senior Advocate (with Yousuf Ho...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The State.............................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ses Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946 PC 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (In Civil Petition......ars that after examining him partly in Court on 13-3-2008 and 15-4-2008, he got him examined on commission. While examined on commission, on 8-6-2008, by the learned Advocate Commissioner, Jamaluddin Ahmed, he filed the photostat copy of the so-called report of the Parliamentary Standing Committee a......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

.... (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J  Md. Nazrul Islam Talukder J Sk Ahmedullah (Babul) ...........................Petitioner Vs. Al-haj Md. A Rashid...............................Opposite Party Judgment November 11, 20......as not under obligation to accept the amount of the dishonoured cheque and, as such, the Court had no legal authority to give such direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—For Opposite-party No.1. Zahirul......9.   ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......d. Abdul Quddus & another Vs. Mst. Karimon Bewas PLD 1966 (SC) 254, 13 DLR (SC) 228, VII ADC 161 ;12 MLR (AD) 248; 11 BLD (AD) 161; 7 BLD 275. Lawyers Involved: Tapan Kumar Chakraborty, Advocate -For the Petitioners Syed Mofijur Rahman, Advocate-For the Opposite Party No.2 Ci......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ......Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Moklesur Rahman Vs. State, 35 DLR 72; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: SM Rezaul Karim, Advocate with Md. Abdur Razzak, Advocate—For the Petitioner. Md. Jashimuddin, Assistant A......llip;………..(45) Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38, Murad Ali Vs. State, 22 DLR (WP) 158; Sher Ali Vs. State, 46 DLR (AD) 67; Mrs. Hasna Ahmed Vs. State in Criminal Miscellaneous Case No. 14295 of 2008; SM Anwar Hossain Vs. State in Crim...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10