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Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....(2001) SCC 118. Lawyers Involved: NK Saha, Advocate—For the Appellants. Minal Hossain. Advocate—For the Respondents. MI Faroouqi, Senior Advocate, Abdus Salam Mondal, Deputy Attorney-General—Appeared as Amiens Curia. First Appeal No.527 of 2001. Judgm......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ported in: 65 DLR (HCD) (2013) 59. ...... Lawyers Involved: NK Saha, Advocate—For the Appellants. Minal Hossain. Advocate—For the Respondents. MI Faroouqi, Senior Advocate, Abdus Salam Mondal, Deputy Attorney-General—Appeared as Amiens Curia. First Appeal No.527 of 2001. Judgment Nazrul ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

......Respondents Judgment February 2, 2012. Result: The rule is hence made absolute. Lawyers involved: Manzill Murshid, Advocate-for the Petitioner ABM Altaf Hossain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for the Respondents ......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......is Case is also Reported in:...... Judgment February 2, 2012. Result: The rule is hence made absolute. Lawyers involved: Manzill Murshid, Advocate-for the Petitioner ABM Altaf Hossain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for the Respondents Writ Petition No..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....) Lawyers Involved: None appears - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For the Anti-Corruption Commission. Shafiul Bashar Bhandary, Deputy Attorney General - For the State. Criminal Revision No.16 of 1994. Judgment Md......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ...... 1898 is that trial Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offe...... Lawyers Involved: None appears - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For the Anti-Corruption Commission. Shafiul Bashar Bhandary, Deputy Attorney General - For the State. Criminal Revision No.16 of 1994. Judgment Md. Emdadul Huq J...

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s Case is also Reported in: ......�…Respondent Judgment February 2, 2012. Result: The appeal is dismissed. Lawyers Involved: M. A. Wahab, Advocate - For the Appellants. Yousuf Mahmud Morshed, Assistant Attorney General- For the Respondent. Criminal Appeal No. 4653 of 2005. Judgment Md. Ruhul Quddus J...

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

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

.... 44 DLR (AD) 225. Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants (In Criminal Appeal No. 3 of 2006). Md. Shohrowardi, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Responden......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ....... Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants (In Criminal Appeal No. 3 of 2006). Md. Shohrowardi, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondent (In Criminal A..

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

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

....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. ......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. ......p; Md. Abdul Wahhab Miah J 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…………&h......Sripal Jain, AIR 1963 SC 1323; Rohit Pulp and Paper Mills Ltd. Vs. Collector of Central Excise, Baroda, (1990) 3 SCC 447; Bombay Vs. Hospital Mazdoor Savha, AIR 1960 SC 610; Privy Council in Attorney-General for Ortario Vs. Mercer, (Jyy3) AC 767 (778);Lord Campbell in RV. Edmundson (1859) 28 LJMC 21..

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

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

....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 General with Dr. M. Basirullah, Assistant Attorney General - For the State. Cri......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. ......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ......ollah 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 General with Dr. M. Basirullah, Assistant Attorney General - For the State. Criminal Miscellane..

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

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce......LR (AD) 21; M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR, 65; Abdul Hakim Khan Vs. Lahore Improvement Trust, The Mall, Lahore, PLD 1950 Lah 32 and Juggilal Vs. General Fiber Dealers, AIR 1962 SC 1123. Lawyers Involved: Syed Amirul Islam with MA Samnd..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....it No.404 of 1977 in the Court of Subordinate Judge, Rajshahi praying for a declaration that he was a citizen of Bangladesh and also for declaration of his title in the suit land. The Additional Deputy Commissioner (Revenue) Rajshahi and the custodian of vested non-resident property of Raj...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

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. ......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. ......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............strict Judge, 3rd Court, Dhaka for specific performance of contract impleading the present petitioners as defendant Nos.4 and 5 and respondent Nos.2, 3, 5-10 as defendant Nos.1, 2 and 6-11. Brigadier General M. Atiqur Rahman (since dead), father of the present petitioners was impleaded as defendant ..

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

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

....Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawyers Involved: Md. Khurshid A lam Khan, Advocate—For the Petitioner. MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman......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 ......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye......), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawyers Involved: Md. Khurshid A lam Khan, Advocate—For the Petitioner. MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, Assistant Atto..

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. ......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. ......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ......in law for it to be treated in any manner as a judgment..................(19) Lawyers Involved: Md. Arshadur Rouf, Advocate—For the Appellant. Kashefa Hussain, Assistant Attorney-General with Ms. Israt Jahan, Assistant Attorney-General—For the Respondents. Custom Appe..

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

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

....Money Changer License under section 3 of the Foreign Exchange Regulation Act, 1947 (in short Act, 1947) in the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy an......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: ......on (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. Result: The Rule i...... Pear-berg Vs. Party; Abdul A'la Moudoodi Vs. West Pakistan, 17 Act (SC) 209; Farid sons Ltd. Vs. Pakistan, 13 DLR (sc) 233; Swadeshi Cotton Mills Vs. India, AIR 1981 sc 818; Fazai Bhai Vs. Custodian General, AIR 1961 SC 1397. Lawyers Involved: A.M. Amin Uddin with Munshi Moniruzzaman, Adv..

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

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

....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: ......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: ......Appeal No.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 Nar...... January 12, 2012. Result: The Jail Appeals are allowed. Lawyers Involved: Md. Aminur Rashid, Advocate-For the appellants in both the appeals. Yousuf Mahmud Morshed, Assistant Attorney General-For the respondent in both the appeals. Jail Appeal No.1285 of 2005 And Jail Appe..

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

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

....�……(13) Case Referred to- Arifuzzaman Vs. State and another, in Appeal No.514 of 2010. Lawyers Involved: KB Rumy, Advocate - For the Accused-Petitioner. Zahirul Haque Zahir, Deputy Attorney-General - For the State. Kazi Md. Nurul Amin, Advocate - For the Opposite-P......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. ...... 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, 2012.......Case Referred to- Arifuzzaman Vs. State and another, in Appeal No.514 of 2010. Lawyers Involved: KB Rumy, Advocate - For the Accused-Petitioner. Zahirul Haque Zahir, Deputy Attorney-General - For the State. Kazi Md. Nurul Amin, Advocate - For the Opposite-Party No.1. Cr..

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

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

.... 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. ...... 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. ...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another......do so, he cannot be entitled to a decree of specific performance of contract. 15. At the outset, we note that the agreement for sale is quite unusual, inasmuch as there is no termination clause. Generally, agreements for sale of property include a clause whereby in case of nonperformance, or af..

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

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

....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. ......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. ......Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. ......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)

....ent January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. ...... 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: ......gir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned ......y 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Petition ..

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

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

....ult: The petition is dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, instructed by Mr. Sufia Khatun, Advocate-on-Record-For the Respondents. ......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. ......an Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. ......tition is dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, instructed by Mr. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition..

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

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

....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. ......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. ......per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th......eafter the petitioner approached this Court and obtained the Rule and order of stay as stated above. 7. None appears for the petitioner. Md. Abdul Rahman Howlader, the learned Assistant Attorney-General appears for the State and opposes the Rule. 8. The Anti-Corruption Commission was not m..

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

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