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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....and Kazi Ebadath Hossain, AAG— For the State. Criminal Appeal No. 2349 of 2002. Judgment Mir Hashmat Ali J. - This appeal is directed against the judgment and order of conviction dated 27-6-2002 passed by learned Sessions Judge, Meherpur in Sessions Case No.01 of 1997 correspond......e dead body and prepared seizure list of one Dao (handle made of wood), Iron Sabol (blood stained), one blood stained dagger, one tiger brand torch-light (three batteries). He also seized the divorce notice in GR Case No.228 of 1996. He also stated that on 22-9-1996 the accused made confession befor......to GR No.228 of 1996 arising out of Meherpur PS Case No.13 dated 22-9-1996 convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. On a First Information Report lodged by P.W.1 Abdul Mannan Mr.idha brother of the ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....slam, Advocate—For the Defendant-Respondents. First Appeal No. 421 of 2009. Judgment Sharif Uddin Chaklader J. -This appeal by the plaintiffs directed against judgment and decree dated 30-9-2009 passed by the learned Joint District Judge, 1st Court, Dhaka dismissing Title Suit N......y barred by law of limitation. Defendant No.1 on 25-6-1997 applied for correction of the quantum of area of land and accordingly defendant No.5 corrected on 25-5-2004 the same without giving any notice required as provided under law and without giving any opportunity for hearing in the matter b......ion or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decr..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a certain Hon'ble Judge of the High Court Division has violated Article 78(1) ......use this commendable venture has thwarted something that could swing to an unpalatable predicament. During the proceedings, Mr. Manzill Murshid, the learned counsel for the Petitioner, brought to our notice certain media clippings. It transpires from the documents that the Hon'ble Speaker was not br......ul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 2005 with Ja......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 201..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
...., Senior Advocate (with. M.A. Samad, Senior Advocate), instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment ......s per Rule, 42 (Ka) of the Tenancy Rules 1959 on the plea that Plot Nos.1685, 20707 of Khatian No.1560 was recorded in the name of some individuals. The Revenue Officer, thereupon, after service of notice directed for recording 48.26 acres of land of R.S. Plot Nos.4233, 4234, 4235 and 4236 along......onstructed residential houses with prior permission of the Rajdhani Unnayan Kartipakha (RAJUK). The writ respondent No.4, a Revenue Officer, subsequently by order dated 28th October, 1996 directed for recording the said land along with other lands as abandoned property in Miscellaneous Case No.2..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
.... Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the High Court Division in Civil Revision No.2944 of 2006.) Judgment ......ors association which was also illegal. That the defendant No.1 as the president of that illegal committee issued a letter on 3-3-1992 suspending the plaintiff and thereafter issued a show cause notice on 7-3-1993 for her dismissal on some false allegations. That the said notice was illegal as ...... Md. Taufique Hossain, Advocate-on-Record—For the Petitioner. Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 2010 passed by the High Court Division in Writ Petition No.6684 of 2009......n Adalat Ain, 2003 (the Ain, 2003) had come into force, the said execution case was renumbered as Artha Execution Case No.235 of 2004 before the Artha Rin Adalat, Sirajgonj and in the execution case, notice was published for auction sale of the mortgaged property. The petitioner participated in the ......Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 20..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824 of 2009).......the petitioner to a decree on admission on passing the impugned order dismissing the suit in violation of the provisions of rule 2(2) of Order XXXVII of the Code. Thereafter, the petitioner “served notice under the provision of article 102 of the Constitution” and filed the writ petition. ...... Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....alled upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearing SRO No.266-Ain/2007 dated 27.11.2007 (Annexure-A), framed by respondent No.1 in exercise of power as provided under sec......,1976, substituting berth/ship-handling operation in place of stevedoring/shore-handling operation at Chittagong port, should not be declared to be ultra vires the Constitution; also as to why the notices inviting tender bearing Invitation Reference No. DT/Ship/Berth Operator/Tender/631(Cargo) d......Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearin..Category: Others | Date: 21 Jun, 2012 | Hits: 20
....by Nurula Islam Bhuiyan and Md. Shamsul Alam, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Appeal No.133 of 2004.
(From the judgment and order dated 16th and 17th April, 2002 passed by the High Court Division in Writ Petition No.1806 of 2000)
......t the property is an abandoned property. In the early part of 2000 AD, the writ petitioner came to know that the property has been enlisted in the ‘kha’ list and thereupon he served legal notice demanding justice upon the writ-respondents by delisting the property from the list of the ab......e.
3. The facts figured in this appeal are summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said pr..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....re in complying with the 30% (Thirty percent) quota system reserved for freedom fighters and/or their issues, as contained in respondent No. 2's Memo No. SA Ma (Bidhi-1) S-8/95 (part-2) 56 (500), dated 17-3-1997, as amended by Memo No. 170.1997.07.04.068.2010-150, dated 5-5-2010 (Annexure-A and ......7, as amended by Memo No. 170.1997.07.04.068.2010-150, dated 5-5-2010 (Annexure-A and A-1) in respect of the appointment of sub-Inspectors of Police pursuant to the respondent No. 7's recruitment notice as published in the Daily Samakal on 27-3-2010 (Annexure-A-2), shall not be declared to be wi......sult: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legitimate Expectation is only an aspect, which does not give rise to an enforceable right but only provides that the action taken by the authority while dealing with the citi..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....iscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 of 2012. (From the judgment and order dated 20-5-2012 passed by the High Court Division in Writ Petition No.4546 of 2012). Judgment ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ate-on-Record—For the Petitiner. (In Civil Petition No.1434 of 2012) Not represented—For the Respondents. (In all the Civil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 o..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
....y Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represented-The Respondent. Civil Petition for Leave to Appeal No.802 of 2009 (From the judgment and order dated 26.01.2009 passed by the Administration Appellate Tribunal, Dhaka in Administrative Appellate...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represented-The Respondent. Civil Petition for Leave to Appeal No.802 of 2009 (From the judgment and order dated 26.01.2009 passe..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
.... by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellaneous Case......Ain, 2004 (the Ain, 2004). 3. In the FIR, it was alleged, inter alia, that on receiving direction from the Durnity Daman Commission (the Commission), Head Office, Dhaka, the informant served notice bearing Memo No. Dudok/Zcko/Chittagong-2/470 dated 9-10-2007 upon the accused for submission...... Lawyers Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....eal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making the Rul......12. Before addressing the submissions of the learned Advocates, it is necessary to quote the submissions on which leave was granted as under:— I. The trial Court by order No.11 dated 23-3-2003 noticed about filing of an application by the defendant for expert opinion in respect of the signatu......ior Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-3. Civil Appeal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave b..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....ismissed by the trial Court. He took an appeal in the lower appellate Court and in the said appeal he filed an application for comparing the thumb impression of one Abdur Rashid appearing in a deed dated 6th February, 1977, by which Abdur Rashid said to have gifted the suit land in favour of the ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......idullah, Advocate-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer fo..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represented—For the Respondent. Civil Petition for Leave to Appeal No.736 of 2009. (From the judgment and order dated 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of 2004). ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......(AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represented—For the Respondent. Civil Petition for Leave to Appeal No.736 of 2009. (From the judgment and order dated 28-1-2009 passed by the ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....iaz
Muhammad, Senior Advocate instructed by Md. Zahirul Islam,
Advocate-on-Record—For the Respondents.
Civil Petition for
Leave to Appeal No.1170 of 2012.
(From
the judgment and order dated 02.02.2011 passed by the High Court Division in
Writ Petition No.3479 of 2009.)
Judgment......s and also
the impugned order passed in that miscellaneous case directing to take over
possession of 1.54 acres of land out
of writ-petitioner's 20 acres
lease-hold land without serving any notice upon the writ petitioners have been
illegal and also in violation of the principle of natu....... Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Mustafa Niaz
Muhammad, Senior Advocate instructed by Md. Zahirul Islam,
Advocate-on-Record—For the Respondents.
Civil Petition for
Leave to Appeal No.1170 of 2012.
(From
the judgment and order dated 02.02.2011 passed by ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Appeal No. 126 of 2007. (From the judgment and order dated 01.09.2004 passed by the High Court Division in Writ Petition Nc.2248of 2002.) Judgment ......tained rule. 3. The case of the writ petitioner, in short, was that while he was employed as Assistant Manager (Local Purchase) in Bangladesh Biman Corporation (the "Biman" in short) he received a notice being No.ACPA/15/P-32735/98/74 dated 23.03.1998 (annexure-B) to show cause as to why discipli......dgment June 5, 2012. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972, Article 102 Mere an omission to write the word appeal in the application cannot be a ground for not treating that application as an appeal. Though the caption of the application filed by th..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
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