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Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....n objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.1999 praying for being added as co-preemptor under sec­tion 96(4) of the State Acquisition and Tenancy Act stating, inter alia, that he was a co-sharer by inheritance of the...... Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem.........................................Petitioner (In Civil Petition No.684 of 2009) Vs. Abul Kashem and others.........................Respondents (In Civil Petition No.642 of 200......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Ismail and another..........................Petitioners (In ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... (HCD) (2013) 207. ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......115; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44; Khatoon Vs. Ajijur Nessa 6 BLC (AD) 115; Shambhnath Vs. Alfajuddin 41 DLR (AD) 27. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali, Advocates—For the Petitioner. No one appears—For the Opposite-Parties. Ci..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

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

....rsquo;s lawyer to assist the state's lawyer presuming it as a private litigant on the assumption that section 493 of the Code of Criminal Procedure does not permit to conduct cases in presence of State's lawyer. The High Court Division failed to notice that this provision for instructing the......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission........................Petitioner Vs. Monjur Morshed Khan & three another ...........Respondents Judgment April 12,......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. ......llate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission........................Petitioner ..

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

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

..... 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. ...... Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. Faridul Alam..................................Respondent Judgment April 11, 2....... 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. ...... Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. ..

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)

....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. ......dra 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...................................Respondents Order April 1......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. ......se is also Reported in:9 ADC (2012) 662. ..

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

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

....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. ...... Nazmun Ara Sultana J    Syed Mahmud Hossain Md.lmman Ali J         Momtaj Ali @ Babul.........................Appellant Vs. Md. Shamsul Huda..........................Respondent Judgment     ......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. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J   Md. Abdul Wahhab Miah J  Nazmun Ara Sultana J    Syed Mahmud Hossain Md.lmman Ali J         Momtaj Ali @ Babul........................

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   ......zmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Government of Bangladesh and others……………….Petitioners Vs. Jamaluddin and another……………………&hell......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   ......s Case is also Reported in: 20 BLC (AD) (2015) 135   ..

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. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Securities and Exchange Commission repre­sented by its Chairman.......Petitioner Vs. Dona Securities Chamber Building (2nd floor) 122-124, Motijheel C/A, Dhaka and others ...........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. ......ase is also Reported in:  9 ADC (2012) 802. ..

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

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ourt Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......smissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

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. ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners Vs. Export Import Bank of Bangladesh Limited and Others……….Respondent ...... 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. ......BLC (AD) (2013) 68. ..

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

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....ion (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain a......llate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

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

....eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Rezaul Hasan J Rakibul Islam……………………….Accused-Appellant (In-Jail) Vs. State………………………..............For the Opposite-Party Judgment April 3, 201....... ......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. ......d that the date of occurrence, written as 5-6-2010 in the FIR was a typing mistake. She has denied the suggestion that she filed this case only to harass the convict-appellant. P.W.2, Md. Sajjad Ali is a neighbour of the victim. He has deposed the occurrence took place at about 10.00 pm on 4-6-..

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

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....and in the name of the government under R.S. Khatian No. 1, without any objection from any corner and the same was finally published by the concern authority, according to the provision of 144 of the State Acquisition and Tenancy Act. The government owned and possessed the suit schedule land, as suc......m Chowdhury J KM Kamrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-re......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......n amicable partition amongst 3 (three) brothers. Thereafter, Sheikh Kolomdi died leaving behind his only son Kolom Miah as his sole heir and Sheikh Majom died leaving behind his two sons namely Jobed Ali and Toyeb Ali as his heirs and they inherited the same. Kolom Miah got an area of 18 decimals of..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

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

....ent 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. Judgment Md. Ruhul...... (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Shyzuddin and others…………………Petitioners Vs. Md. Babul Gorapi and another…………………Opposit...... 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: ..

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

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

....al) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Sohel Rana Shippon (Md.) and others..................Appellants Vs. State..............................................Respondent Judgment April 1, 2012. ...... (Criminal) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Sohel Rana Shippon (Md.) and others..................Appellants Vs. State..............................................Respondent Judgment April 1, 2...... 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. ......peal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..

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

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

....ent 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 Md. Ruhul Qudd......orted 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: ......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: ..

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

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

....absolute. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner.  SK Golam Hafiz, Advocate - For the Opposite Party. Md. Abdul Khaleque, Advocate - For the State. Criminal Miscellaneous Case No.1828 of 2011. Judgment Md. Reazul Haque J.- On ......llaneous Jurisdiction) Present: Md. Rezaul Haque J Anwarul Haque J Anti-Corruption Commi­ssion…………………….Petitioner Vs. Unipay 2U Bangladesh Ltd……………………Opp......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. ......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. ..

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. ......nha J MA Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh & anr............Appellants Vs. Shahjahan & others .................................................Respondents Ju...... 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. ......, Attorney General (with Murad Reza, Additional Attorney General, instructed by Md. Mushfiqur Rahman Khan, Advocate-on-Record—For Appellants. Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents. Civil..

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

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....y to the Rule, Therefore, the application for restoration of the Rule was misconceived and the plaintiff-respon­dent shall have to face the consequence of his own mistake. 16. Such being the State of affairs it is not at all necessary to enter into the merit of the case. 17. The judgme...... Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others.......................Respondents Judgment Marc......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......others.......................Respondents Judgment March 20, 2012. Result: The Appeal is allowed. Lawyers Involved: Horendra Nath Nondi, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Appellants. Rafiqul Islam, Senior Advocate, instructed by Nur..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

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

....ivision (Criminal Appellate Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Abu Azam Md. Yunus Miah and another................Petitioners Vs. State and another.......................Opposite-Parties Judgment March 19, 2012. Res......h Court Division (Criminal Appellate Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Abu Azam Md. Yunus Miah and another................Petitioners Vs. State and another.......................Opposite-Parties Judgment March 19, 2012.......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.     ......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.     ..

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