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Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....;          Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In both cases) ......bsp;           Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In bot......cision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....­ty of Waqf permanently but only of temporary in nature, that is, periodic lease. ................(82) Case Referred to- Dominion of India Vs. Shribai A. Arabinda Bose, AIR 1955 SC 296; State of Rajasthan Vs. Sripal Jain, AIR 1963 SC 1323; Rohit Pulp and Paper Mills Ltd. Vs. Collector ......sp; Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Shamsul Huda J   Md. Imman Ali J  Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed………………………&he......by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Moulana Obaidul Mannan………………………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Re......d. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

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

.... Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opp......diction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another……………………&helli......er Chowdhury, 38 DLR (AD) page 18; Salma Khatun Vs. The State, 38 DLR page 348; Habibur Rahman Mollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - For the petitioner. KM Zahid Sarwar, Deputy Attorney Gene......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......; Md Shamsul Huda J     Syed Mahmud Hossain J Md. lmman Ali J     Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22......ations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. Result: ...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. ......also Reported in: 65 DLR (HCD) (2013) 234     ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment....... This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......rt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. ......municate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………&h......ahman, Abdul Quayum with Sheikh Zulfiqur Bulbul Chowdhury, Advo­cates—For the Appellants. Ehsanul Karim, Advocate—For the Respondent No.1. Omar Sadat with M Khairul Alam and Md. Aminul Islam, Advocate—For the Respondents No.3. Habibul Islam Bhuiyan with Md. Mohad......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... J Md. Shamsul Huda J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment ......s civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....e Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Ikhtiar Rahman………………………...Appellant Vs. The State………………………………...Respondent (Jail Appeal No.1285 of 2005) with Anes......in: ......d. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)

.... Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10,...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment Janu......e for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..

Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

....he relevant law it is the duty of the seller to obtain the said certificate and to pay capital gains tax, the parties to the contract have agreed to deviate from the requirement of the law. Since the State does not lose out as a result of this deviation, such an agreement cannot be said to be illega......on (Civil) Present: Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mahua Khair …………...........................Appellant (In both the appeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment ......n: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....land peacefully on payment of rent to the Government and the suit land has also been recorded in their names. That the defendant No.14 Mirzarul Alam Chowdhury made an application under Rule 30 of the State Acquisition and Tenancy Rules challenging the recording of the suit land in the name of the pr......an Ali J Md. Shamsul Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment ......rcumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....to protect the health of the functionaries who are performing distinctively pivotal functions for the state with relentless proliferation. In fact, this concept has remained long recognised and the State has been paying the bills from time immemorial. Hence, putting a bridle on this long standing......reme Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......ahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents ......ce by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Anti-Corruption Com­mission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)

....Barisal and such grounds do not appear to us bonafide. Therefore, on those grounds the case could not be transferred. It further appears that the High Court Division without issuing any Rule upon the State disposed of the application transferring the case from the Divisional Special Judge to the Ses...... Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Com­mission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2, 2012. ......to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..

Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

...., Jockyganj, Sylhet in Miscellaneous Case No.17 of 2007. 3. The present respondent Nos.1 and 2, as petitioners, filed the above mentioned Miscellaneous Case No.17 of 2007 under section 96 of the State Acquisition and Tenancy Act for pre-emption. 4. The case of the pre-emptors was that the ......Ali J Md. Shamsul Huda J Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others………………….........This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....on) Present: Md. Emdadul Huq J Mohammad Ullah J Sohrab Ali Dewan……………………………..Petitioner Vs. State………………………….....................urisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Sohrab Ali Dewan……………………………..Petitioner Vs. State…………………………............ Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Somed Ali Vs. State, 2011, 40 CLC (AD)

....zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Somed Ali...............................................Petitioner Vs. The State................................................Respondent Judgment December 15, 2011......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Somed Ali...............................................Petitioner Vs. The State................................................Respondent Judgment Dece...... to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27