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Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ivil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Husne Ara Begum and another...................3rd Party Petitioners Vs. Saiful Alam (Md.) and others.............Plaintiff Opposite-Parties Judgment December 1, 2011. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......e and another by way of added as party in the instant suit on independent count and both count petitioner can be added as necessary party……..(9,10,11) Cases Referred to- Nurul Islam Vs. Jamila Khatun, 53 DLR (AD) 45; Ezahara Miah Vs. Shaher Banu, 49 DLR (AD) 85; Nurun Nahar B...... in: 65 DLR (HCD) (2013) 34. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

.... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ...... 5. After concluding the investigation, the investigation officer having found prima facie case against the accused-petitioner along with Mizanur Rahman, Shah Alam Badal and Shahidul Islam Shahid submitted charge-sheet under sections 406/420/506 of the Penal Code, on 05-10-2008. ......ment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused,..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

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

....ent as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......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. ......l is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-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 ......J SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Responden..

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

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

....MLR (AD) (2012) 253; 9 ADC (2012) 520.......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.......minul Huque Vs. Crown, 3 DLR (FC) 519; Khasba Maruti Sholke Vs. State of Maharastra, AIR 1973 SC 2474; Nasiruddin Sarker Vs. Member, Appellate Tribunal, 31 DLR (AD) 310. Lawyers Involved: Nurul Islam Sujan, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. MK Rahm......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………�..

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

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

....ss of the defendant. ........... (52) Cases Referred to- Mohaprabhu Ram Vs. Gopal Ram, 42 DLR (AD) 154; Mahaprabhu Ram Vs. Gopal Ram Ram, 42 DLR (AD) 154. Lawyers Involved: Md.Abdus Salam Mondal with Surujit Bhatta-chargee, Advocates—For Appellants. Fazlul Haque......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. ...... trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......rted in: 18 BLC (HCD) (2013) 260. ..

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

Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)

....Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......se is also Reported in: 64 DLR (HCD) (2012) 268. ........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

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

....rected to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......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. ......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. ......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ..

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

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

....ed of by this common judgment. 2. The prosecution case, as projected in the FIR and also unfurled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the informant and P.W.1 Md. Harwnur Rashid along with AtiarRahman and Shahabuddin came into the house of Yunus Ali at villag......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. ...... door thereafter he did not witness the rest occurrence. He denied the defence suggestion that he did not state in the FIR that AtiarRahman was murdered under a kadam tree. 13. P.W.2 Miami Islam, the son of deceased Atiar Rahman stated that in the night following 9-11-1998 at 11-00 PM he ......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes..

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

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

....from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......1 SCC 71; Punjab Communications Ltd. Vs. Union of India (1999) 4 SCC 727; Sethi Auto Service Station Vs. Delhi Development Authority 2009 (1) SCC 180; SS A Bangladesh Limited Vs. Engineer Mahmud-ul-Islam, 24 BLD (AD) 92=9 BLC (AD) 84; Chairman, Textile Mills Corporation Vs. Nasir Ahmed Chowdhury......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.........

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

Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

....owever, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......hmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: ......n J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....low at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ...... Referred to- State Vs. Giasuddin, 51 DLR (AD) 103;Abu Taher Vs. State 42 DLR (AD) 253; Abdul Quddus Vs. State, 43 DLR (AD) 234; Abdul Hai Sikder Vs. State, 12 BLD (AD) 180=43 DLR (AD) 95; Nurul Islam Vs. State, 8 BLD 106; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Ayesha Flora, ......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....sp; This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......o Reported in: 18 BLC (HCD) (2013) 470. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....e Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ...... once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)

....is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......Abdur Rob J. - I agree. This Case is also Reported in:..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....ismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ...... Lawyers Involved: TH Khan, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant (In both the appeals). Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos.1 &am......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

....ourt concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....s be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Naima Haider J Raj Kumar Khetan…………………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: ..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

.... 6.4.2000 6,6(a) Fax copy dated 2.5.2000 14. On the other hand the defendant No. 2 Mr. Sundoro Linng through his learned Advocate Mr. M. Moksadul Islam examined one Md. Aftab Hossain as D.W.1 who stated in his examination-in-chief that he has the power of attorney ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......11 & August 23, 2011. Result: The suits are decreed-in-part. Lawyers Involved A.J. Mohammed Ali, Senior Advocate With Ms. Rubaiyet Hossain, Advocate-For the plaintiffs. M. Moksadul Islam, Advocate-For the defendant Nos.2 & 3. Admiralty Suit No.28 of 2000 With Admiralt......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

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