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

....1285 of 2005 And Jail Appeal No.1286 of 2005. Judgment Md. Ruhul Quddus J.- These two appeals under section 420 of the Code of Criminal Procedure are directed against judgment and order dated 27.9.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.2, Jhenaidah in Nari-o-Shishu......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

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

.... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun Advocate-on-Record- For Respondent (In both appeals) Civil Appeal Nos. 148-149 of 2007. (From the judgment and order dated 7th July, 2004 passed by the High Court Division in First Appeal Nos.48 and 49 of 2002) J......ned Counsel for the appellant submits that in a contract for sale of immovable property time is not of the essence, especially when liquidated damages are stipulated as a term of the contract for any breach in concluding the contract within the time stipulated therein. He further submits that since ..

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

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

....ember, 2011, was in following terms: “Let a Rule Nisi be issued, calling upon the respondents to show cause as to why allegedly illegal, unreasonable and discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the Respondent no.8, intimating the refusal to pay the Honâ€...... that while other functionaries of Republic are generously allowed to undertake treatment abroad at the cost of the exchequer, denying to accord same facilities, to the S.C judges is tantamount to breaching the equality provisions in Article 27 and 29 of our Constitution. 16. He also engag..

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

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

.... for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 31.10.2011 passed by the High Court Division in Writ Petition No.624 of 2011 discharging the R......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)

....-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2010 passed by the High Court Division in Criminal Miscellaneous Case No......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

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

....they committed offences under sections 409 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. The FIR was registered as Sirajdikhan P.S. Case No.4(17) dated 30-4-1989 and investigation thereof was assigned to the District Officer of the Anti-Corruptio......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)

.... Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Reference No.129 ......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

Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)

....structed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Respondent Nos. 2-5—Not repre­sented. Civil Appeal No. 266 of 2009. (From the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003.) Judgment ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..

Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133

Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)

....he Appellant. Abdur Rab Chowdhury, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents. Civil Appeal No.200 of 2003. (From the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152

Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)

.... Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by the High Court Division in Writ Petition No.3614 of 2008) Judgment ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..

Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204

Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)

....d, Assistant Attorney-General - For the State.  Criminal Appeal No.1450 of 2006. Judgment M Enayetur Rahim J.- This appeal at the instance of the informant is directed against the Order dated 6-3-2006 passed by the Nari-o-Shishu Nirjatan Daman Tribunal No.1, Magura in Nari-o-Shishu Nir......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

.... AKM Fazlur Rahman J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain), preferred by accused Golam Ahmed, is directed against the order dated 2-11-2010 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Sunamganj, (hereinafter referre......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....e-on-Record-For the Appellants. Israfil Hossain, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Appeal No.136 of 2004. (From the judgment and order dated the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001)......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....-General (with ASM Nazmul Haque, Deputy Attorney-General), instruct­ed by Md. Shamsul Alam, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2008. (From the judgment and order dated 10-5-2006 passed by the High Court Division in Criminal Appeal No.4775 of 2003) Judgment ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... Enquiry Committee formed by the Securities and Exchange Commission to enquire into the matter under Section 21 of the Securities and Exchange Ordinance, 1969. 4. According to the enquiry report dated 27-3-1997 the accused-persons being dealer/broker committed offence described in section 17 of...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....tes—For Respondents. First Appeal No.153 of 2001. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of defendant Nos.4-6 is directed against the judgment and decree dated 28-3-2000 passed by the Sub-ordinate Judge, now Joint District Judge and Artha Rin Adalat, Syl......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....inal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legal­ity and propriety of the Judgment and order of con­viction and sentence dated 17-4-2006 passed by learned Judge of Tribunal, in Nari-o-Shishu Nirjatan Daman Tribunal Case n......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

....Judgment Obaidul Hasan J.- This appeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of convic­tion and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convic......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....sions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the judgment and order dated 6-2-2006 passed in Session Case No.65 of 2001. Criminal Appeal No.1962 of 2011 and Jail Appeal......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

.... Md. Zohirul Islam, Advocate-on-Record—For the Respondent No.3. None Represented—For the Respondent Nos. 2 & 4. Civil Appeal No.279 of 2010. (From the judgment and order dated 20-5-2010 passed by the High Court Division in Writ Petition No.8100 of 2009) Judgment ......reported in (1969) 1 Ch. 140 imposed upon the Government or the concerned Authorities a duty to act fairly and reasonably in dealing with the rights and/or interest of the people and in case of any breach thereof the Court should act upon in striking down any order in exercise of judicial review ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18