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Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... Vs. State………………….....................................Opposite-Party Judgment December 15, 2010. Cases Referred To- Syed Md. Hashem Vs. State, 48 DLR (AD) 87; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......t to the Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the Tribunal directed the police to produce him before the Tribunal on 2-8-20......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....igh Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgment ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......points out from the decision in the Al-Jehad case that if the system of appointing the senior-most judge is not adhered to then those who are not so senior will strive to please the party in power in order to be appointed the Chief Justice in supersesÂsion of their senior colleagues. Echoing the di......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Judgment January 28,...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......dent No. 2) by the Deputy ComÂmissioner, Narayanganj (Respondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....resent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others...................................judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......dent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 12-4-2010 passed by the High Court Division in Writ Petition No. 7242 of 2009). Judgm......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....nt Attorney-General—For the Respondents. Writ Petition No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprietary concern, challenges the order dated 23-6-2011 issued by the respondent......the Appellate Division which is binding on us we are of the view that this applicaÂtion merits no substance which is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......ition No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprietary concern, challenges the order dated 23-6-2011 issued by the respondent No.2 on behalf of respondent No.1 directing the Manag......the Appellate Division which is binding on us we are of the view that this applicaÂtion merits no substance which is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....¦Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011. Case Referred to- Montaj Ali Akonda and others Vs. Kefatullah Mondal being dead his heirs 1(a) son A. Hamid and others, 7 MLR (AD) 138. Lawyers Involved: Md. Hedayet Hossa...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... pay the decretal dues, the Bank filed Money Decree Execution Case No.7 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said case was disallowed on 14-5-2001. The order sheet of the execution has been destroyed. The decree-holder-Bank thereafter, filed the second...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....ecessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ganj, for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conviction for the offence punishable under sections 302/34 of the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the lea...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
....
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Md. Mujibul Huq and others……………………………………….....Petitioners
Vs.
Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others…........Respondents
Judgment
December 2, 2010.
......h the concurrent findÂings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......yers Involved:
Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners.
Not Represented- the Respondent.
Criminal Petition for Leave to Appeal No.413 of 2009.
(From the judgment and order dated 5.1.2009 passed by the High Court Division in Civil Revision No.1412 of 1997.)
Judgme......h the concurrent findÂings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
....ner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......orney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 280 of 2008. (From the Judgment and order dated 11.03.2008 passed by the High Court Division in Criminal Appeal No. 255 of 2005) Judg...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445...Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....to appeal is directed from the judgment and order dated 12th August, 2010 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No.18532 of 2010. 2. One Major (Retd.) Mohammad Hanif lodged an FIR with Gulshan Police Station against the respondent alleging, inter alia, that......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......oner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the High Court Division in Criminal Miscellaneous Case No.18532 of 2......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating, inter alia, that defendant No.3 purchased t......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......e next in the course of his argument upon placing the baina patra submits that the Court of appeal below rightly doubted the baina patra inasmuch as baina patra itself manifests that the plaintiff in order to fill up the lacuna at the belated stage stated in the baina patra (Exhibit-1) by hand writi......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....…....................Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs......ssued on BCIC and HSBC as to why an Order restraining the encashment of the PerÂformance Guarantees shall not be issued by this Court but also and pending disposal of the said Application, for an ad interim Order of injunction to be issued to restrain BCIC from drawing down on the Performance Guara......or US $ 6,81,250 and GTEDAK063307 for US $ 6,75,000 (Annexures-"E" and "E"-1" respectiveÂly) both dated 6-11-2006 issued by HSBC in BCIC's favour. 4. It So transpired that the relevant purÂchase orders were cancelled by BCIC with the Performance Guarantees consequently risking forfeiture at whi......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
State Vs. Jabbar, 2010, 39 CLC (AD)
....ruta Bichar Tribunal Case No.9 of 2007 to face charge under section 302/34 of the Penal Code for the murder of one Helal on 6th October, 1998. 2. According to the-prosecution case, vicÂtim Helal had altercation with co-accused Mizan @ Mizanur Rahman Mizan on the day of occurrence and on hearing ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judg......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..Category: Criminal Law | Date: | Hits: 53
....rt Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......te, instructed by Abu Siddique, Advocate-on-Record-For Respondent No. 2.
Not repreÂsented-Respondent Nos. 1, 3-4.
Civil Petition for Leave to Appeal No. 1896 of 2008.
(From the Judgment and order dated 22.09.2008 passed by the High Court Division in Writ Petition No.7430 of 2008)
Judgme......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
.... Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petiÂtioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.693 of 2009. (From the Judgment and order dated 19.02.2009 passed by the High Court Division in Civil Revision No.3393 of 2008.) Judg......ng on behalf of the petiÂtioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....so Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......r Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....also Reported in: VIII ADC (2011) 434. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......rney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 20......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..Category: Administrative Law | Date: | Hits: 206
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....ion and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.430 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1340 of 1999.) Judg......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
....ccordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......, we find no subÂstance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......d:
Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.
Ex-parte-the Respondents.
Civil Appeal No. 46 of 2002.
(From the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No.1050 of ......, we find no subÂstance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....s Case is also Reported in: VIII ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......oners. A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.352 of 2008). Judgm...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
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