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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: ......¦â€¦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)

....mmut­ing the sentence of death to imprisonment for life by majority decision. 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.         ....... 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.   ......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)

....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. ......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. ......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. ......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

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. ......t No.3 and defendant Nos.1, 2, 6, 7 and 8 for which the work of the project was stopped and defendant No.2 also stopped taking money. On 1-11-2005, the plaintiff informed defendant Nos.10 and 11, the Director of the Military Land and Cantonment Direc­torate and the Administrator, Military Estate, C......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)

....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     ......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     ......), 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.   ......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)

....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: ......ondents for renewal of his Money Changer License for the next year commencing from 18.9.2003 (Annexure-C). Bangladesh Bank issued Memo dated 4.4.2004 at me signature of the respondent No.4, Assistant Director Policy Division, Bangladesh Bank stating as the petitioner failed to fulfill the yearly tar...... 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: ...... 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)

....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. ......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. ......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. ......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. ......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)

.... 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: ......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)

....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. ......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. ......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

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

....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. ......h Court Division in Criminal Miscellaneous Case No.20319 of 2010. 3. Short facts necessary for disposal of this Leave Petition are that on a First Information Report (FIR) lodged by an Assistant Director, Durniti Daman Commission, District Coordinate Office, Barisal, Kotwali Police Station Case......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)

....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. ......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

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

....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. ......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. ......dgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: 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 d..

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

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......ode and under section 5(2) of the Prevention of Corruption Act, 1947. 5. Thereafter, Anti-Corruption Commis­sion took up the matter for inquiry and ultimately lodged the FIR where one Deputy Director Mr. Monirul Haque was entrusted to investigate the case but he submitted a final report wit...... Belayet Hossain with Imran A Siddique, Advocate - For the accused-petitioners.  MA Aziz Khan, Advocate - For the Anti-Corruption Commission.  Zahirul Hoque Zahir, Deputy Attorney General - For the State. Criminal Miscellaneous Case No.19327 of 2008 and Criminal Miscellaneou..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

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

.... 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. ......he respondent No.1, Mohammad Shahjahan filed the above mentioned writ petition challenging an office order vide memo dated 17.12.2002 cancelling fixa­tion of his pay under F.R.22(a)(i) as Project Director and all other subsequent fixation of his pay. 3. The case, as stated in the writ petit...... 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