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Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Shohrowardi, Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. ....... The facts, leading to the filing of this criminal petition for leave to appeal, in short, are that on 15.11.1993, informant Md. Ismail Hossain lodged First Information Report (F.I.R) with Bhangoora Police Station under sections 302/34 of the Penal Code. 3. Prosecution case, in short, is that......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......e from any agony of the abuse of the process of the Court and also is designed to do substan­tial justice.........................(4) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Md. Tafique H......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....t only that as per the requi­sition of IO Abdul Kader Khan he supplied the informations regarding ownership of the car bearing No.Chattra Metro-Ba-02/0951. 160. P.W.27 Mizan Md. Ferdous, Sub-Inspector of police filled up the FIR form and he deposed to that effect only. 161. P.W.28 Md. ......volved: Anisul Haque, Senior Advocate (Fazlee Noor-Taposh, Advocate with him) instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Appellant. MK Rahman, Additional Attorney-General (ASM Nazmul Haque, Assistant Attorney-General and Mohsin Rashid, Advocate with him) instruct......tatement of P.W.48 that he ascertained that the appellant talked with Alamgir on the day of occurrence. 58. Now turning to Exhibit XI, a letter said to have written by Mr. Joydeb Mojumder to the Police Commissioner which is used as another circumstantial evidence. In course of cross-examination......354; Nayan Swami Vs. Emperor, AIR 1939 (PC) 47; Kashmira State (Surendra Kumar Sinha J) 19 BLC (AD) (2014); Singh Vs. State of Madras Pradesh, AIR 1952 SC 159; Amir Hussain Vs. State, 37 DLR(AD) 139; Bangladesh (State) Vs. Paran Chandra Baroi, 6 BCR (AD) 225; Khalil Khan Vs. State of Madhya Pradesh,..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......Vs. Union of India, 1981 (Supp) SCC 87; Janata Dal Vs. HS Chowdhury, (1992) 4 SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, with ASM Moniruzzaman, Deputy Attorney-Gener......victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......matters judicial restrain is necessary and the judgment of the executive should not be interfered with…………………………(36)  Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36; BALCO Employees Union..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ...... in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)

....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......cribers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to form quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It further appears t......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..

Category: Company Law | Date: 31 Jul, 2012 | Hits: 16

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

....r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ......, Advocate-For the petitioner. Writ Petition No.10053 of 2012. Judgment Mamnoon Rahman J.— In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply w..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......ed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umme Salma, Advocates—For the Respondent No.2-4 (In writ Petition No. 3904 of 2009) Rajik Al Jalil, Deputy Attorney-General—For the Respondent No.2-4 (In writ petition No. 3877 of 2009) Writ Petition No. 3......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......ul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......e judgment and order dated 03.01.2006 passed by the learned Additional Sessions Judge, Lakshmipur in Sessions Case No.20 of 2003 arising out of G.R. Case No.1147 of 2001 corre­sponding to Lakshmipur Police Station Case No.37 dated 19.12.2001 convict­ing this accused appellant under section 302 of ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......irement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate-on-Record—For the Petitioner. Mvi Md. Wahidullah......ing of an application under section 561A of the Code of Criminal Procedure summarily. 2. Over an occurrence alleged to have been committed on 19th May, 2009, an FIR was lodged with the Mohammadpur Police Station on 31st May for alleged commission of offences punishable under different sections of......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... Dhaka-4) Vs. State and another, reported in 62 DLR (AD) 233 and the case of Faridul Alam Vs. State, reported in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a p...... is also stated that the delay was caused in collecting Chairman Certificate. 3. Upon receipt the petition of complain, the learned Magistrate sent the same to the Officer-in-Charge, Moulvibazar Police Station, for enquiry and report. After holding inquiry police submitted a report on 23.10.200...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......Vs. State reported in 1985 BLD 84, the case of State Vs. Lalu Miah reported in 39 DLR (AD) 117. 23. Mrs. Yesmin Begum Bithi appearing with Mr. Kazi Ebadat Hossain, the learned Assistant Attorney Generals for the State submits that the accused-appellant made a confessional statement under sectio......ting theft It was further stated in the F.I.R. that when the occurrence took place other inmates of the thief fled away though the FIR of the accused was filed much earlier than that of the P.W.1 the Police ought to have consider the FIR. The First Information to the police is the First Information ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......published finally they will realize rents from the plaintiffs accordingly. Their names were recorded in Tasdik Parcha for 0586 Ajutangsha of land, in Khatian No.5257 DP 3432, Dag No.5344, Mouja Wari, Police Station-Sutrapur, Dhaka. In the opinion column it is remarked that there is a 4(four) storied......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......age 24 Lawyers Involved: Rokanuddin Mahmood and Akhter Imam, Senior Counsel with K.M. Saifuddin, Rashed Imam and Ms. Rashna Imam, Advocates-For the petitioner. Biswojit Roy, Deputy Attorney General with Md. Shafiquel Islam Siddique, Ms. Amatul Karim and Swarup Kanti Deb, Assistant Attorney......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......reme Court High Court Division (Special Original Jurisdiction) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and oth..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Jamat Ali Vs. State, 2012, 41 CLC (AD)

.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......kbul to imprisonment for life. 4. The prosecution case, in short, was that on 18.10.2001 at about 5.30 Md. Fazlul Haque- the victim went to Monigram Bazar from his house at village-Balihar under Police Station-Bagha at about 7.00 P.M. From there the victim along with Md. Jewel (P.W.2) rushed to...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

Nalu Vs. State, 2012, 41 CLC (AD)

....cal Union Parishad Chairman. After that, the informant along with his nephew, Md. Aftab Ali went to Manikgonj Police Station and lodged the First Information Report (FIR). 3. Shamsul Haque, Sub-Inspector of police, took up investigation of the case. He visited the place of occurrence, prepared......ion of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers 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 da...... deceased was hidden there. At once, the informant informed about the occurrence to the local Union Parishad Chairman. After that, the informant along with his nephew, Md. Aftab Ali went to Manikgonj Police Station and lodged the First Information Report (FIR). 3. Shamsul Haque, Sub-Inspector ......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: ..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... 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: ......contents figured in the National Sports Council’s Memo, issued under reference NSC/120/17/Gen(3)/2105, dated 25.07.2005. Federation’s constitution has given birth to two chambers, namely: (1) the General Council, aptly citable as the Electoral College and (2) the Executive Committee, which is, i...... 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: ......৭/জেন/৫০ dated 05.01.2009 issued by writ-respondent No.3, Secretary, National Sports Council (জাতীয় ক্রীড়া পরিষদ) constituting the Executive Committee of Bangladesh Shooting Federation (hereinafter referred to as the Federation) on the basis of election ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... Commission Rules, 2007. 2. In view of the statements so made in the writ petition Mr. Muntasir Uddin Ahmed, the learned Advocate appearing for the petitioner submits that on 21.02.2007, the Sub-Inspector of Police, Dimla Police Station lodged FIR bearing No.18 (2)2007 dated 21.02.2007 correspo......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ules, 2007. 2. In view of the statements so made in the writ petition Mr. Muntasir Uddin Ahmed, the learned Advocate appearing for the petitioner submits that on 21.02.2007, the Sub-Inspector of Police, Dimla Police Station lodged FIR bearing No.18 (2)2007 dated 21.02.2007 corresponding to G.R.......l Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents Judgment July 18, 2012. Result: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division 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: 18 MLR (AD) (2013) 33.  ...... Mir Md. Imam Hossain………………………….Respondent Judgment July 17, 2012. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Abdur Rob Chowdhur......nt of this Division 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: 18 MLR (AD) (2013) 33.  ......l) Present: Md. Muzammel Hossain CJ 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 ............Appellants Vs. Mir Md. Imam Hossain………………..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......oners and oth­ers for declaration and mandatory injunction. The plaint case, in short, was that the Banachhaya Mahila Kallayan Samity was a Women Welfare Organization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samit......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..

Category: Others | Date: 15 Jul, 2012 | Hits: 6