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Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....writ petitions and if any Rule is issued therein that should have been dis­charged on the ground of maintainability…………………………(20) Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Appellants.(In all ca......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………R......nd if any Rule is issued therein that should have been dis­charged on the ground of maintainability…………………………(20) Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Appellants.(In all cases) Nurul ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......ocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

.... Vs. Faridul Alam..................................Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775......ridul Alam..................................Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....€¦â€¦Petitioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others.................... Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. Abdur Rob Chowdh..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

.... awarded against the appellant is altered into one for imprisonment for life with fine..........(16) Lawyers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judg......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......bsp;       Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecu­tion case and the statements made therein can be looked into with a view to find the prose­cution story as...... the appellant is altered into one for imprisonment for life with fine..........(16) Lawyers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judgment and order d..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ...... ......gned memo dated 16-6-2010 was illegal, mala fide and without law-fill authority inasmuch as by letters dated 6-5-2010 and 31-5-2010 this school was enlisted for MPO which was communicated by Director General, Education to District Education Officer and to the school authority but in the 3rd list pub..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ....... ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......urt Appellate Division (Civil)  Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners ...... 4. Respondent Nos.7 and 8 are the Managing Director and the Company Secretary of Exim Bank respectively; respondent Nos.9 to 12 are the sponsor-shareholder, Chairman and Director since 9th Annual General Meeting partially held on 26.08.2008 of the bank and their names have been shown in the Annu..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

.... Mizanul Islam @ Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appel­lant.  AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorne......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appel­lant.  AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State.  Criminal Appeal No...... Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appel­lant.  AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ....... This Case is also Reported in: ......Parties Judgment April 2, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State-opposite Party. Criminal Miscellaneous Case No.2109 of 1998. Judgm..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

....eir sen­tences awarded to them for the selfsame occurrence………..(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... ......es awarded to them for the selfsame occurrence………..(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. Criminal Appe..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: ...... Parties Judgment April 1, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Shamsur Rahman, Advocate - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General- For the State-opposite Party. Criminal Miscellaneous Case No.2936 of 1997. Judgment ..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....desh Ltd. was registered as Private Limited Company and started its business. After some days Bangladesh Bank by its circular MLPRO circular No.2 of 2010 dated 13-5-2010 issued under the signature of Deputy Chief Manager addressing to the Managing Directors and Chief Executives of the scheduled bank......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio......he executive body of the opposite party No.1 Unipay To You Bangladesh Ltd. and after investigation charge-sheet has already been submitted against its Chairman, Managing Director, Executive Director, General Manager, Advisor and Director on 6-7-2010. On the basis of an application filed by the Assis..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ...... Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents. Civil Appeal No.59 of 2011. (From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009). ...... others .................................................Respondents Judgment March 22, 2012. Result: This appeal is disposed. Lawyers Involved: Mahbubey Alarm, Attorney General (with Murad Reza, Additional Attorney General, instructed by Md. Mushfiqur Rahman Khan, Advo..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....sion No.621 of 1993. Judgment M Enayetur Rahim J.- This Rule at the instance of the accused on an application under section 439 of the Code of Criminal Procedure was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned judgment and order dated 26-8-1992 ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ......    ......it would be nothing but an abuse of the process of the Court............(17) Lawyers Involved: AKM Faiz, Advocate—For the Petitioners. Gazi Md. Mamunur Rashid, Assistant Attorney-General with Md. Asaduzzaman, Assistant Attorney-General—For the State Opposite-Party No.1. ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......zzaman Khan………………………….....Plaintiff-Appellant Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents Judgment March 19, 2012. Resu....... 2-6 were shown present in that meeting and passed the said resolution, though the defendant Nos. 3-5 were out of Bangladesh at the relevant period. On getting that information the plaintiff filed a General Diary entry on 14.8.2006 to the Kuliarchar Police Station and a copy of the said G. D. was s..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....ta and others LR 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohammad Ali with Mahbub Ali and Md. Ziaul Hoque, Advocates—For the Plaintiff-Appellants. Shashank Shekhor Barker, Deputy Attorney-General—For the Defendant-Respondents. Abul Kalam Patwary, Advocate&mdash......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......) (2013) 124. ...... 17 IA 110 ILR 18 Cal, 10. Lawyers Involved: AJ Mohammad Ali with Mahbub Ali and Md. Ziaul Hoque, Advocates—For the Plaintiff-Appellants. Shashank Shekhor Barker, Deputy Attorney-General—For the Defendant-Respondents. Abul Kalam Patwary, Advocate—For the Respond..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....itioners Vs. Equity Construction Pvt. Ltd......................Respondent Order March 15, 2012. Result: Leave is granted. Lawyers Involved: S.M. Moniruzzaman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Petitioners. Ab......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. Equity Constru....... Equity Construction Pvt. Ltd......................Respondent Order March 15, 2012. Result: Leave is granted. Lawyers Involved: S.M. Moniruzzaman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Petitioners. Abdul Basel Majumd..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ......ub Hossain with Sheikh Moham­mad Ali, Mashfiqul Haque Khan and Masud Rana - For the Petitioner  Md. Shafiqul Islam - For the Opposite Party No.2. Dr. Md. Bashir Ullah, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 26674 of 2009.  Judgment Sidd..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215