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Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....uk Miah………………………………………………Petitioner (In Jail Petition No.18 of 2008) Md. Nazrul Islam………………………...........P......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......llate Division (Civil Appellate Jurisdiction) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ......................................Appellant (In Civil..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....e court of Additional District Magistrate, Sylhet. The accused tried to settle the matter in dispute but the informant party declined it. The accused became enraged. On 4-2-1992 at 12-30 hours P.W.1, Md. Tafazzal Ali, his brother deceased Kotai Miah, nephew deceased Dulu Miah, sister's son (dece......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ...... Momtazuddin Fakir, Additional Attorney-General instructed by Sufia Khatun Advocate-on-Record—For the Appellant. Khondaker Mahbub Hossain Senior Advocate instructed by M Ashrafuzzaman Khan, Advocate- on-Record—For Respondent. Criminal Appeal No.62 of 2007. (From the ......esent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J State.....................................Appellant Vs. Abdus Salam and others……………Respondents Judgment April 29, 2015. ..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....r Mahabub Hossain with Moudud Ahmed AJ Mohammad Ali and M Masud Rana, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General, Momtaz Uddin Fakir, Additional Attorney-General and Dr. Md. Bashir Ullah, DAG—For Opposite Parties.        &nb......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......sin Sharif Vs. The Government of the Peoples of Republic of Bangladesh, 27 DLR 186; Abdul Latif Mirza Vs.The Government of the Peoples Republic of Bangladesh 31 DLR (AD) 1 Lawyers Involved: Khandker Mahabub Hossain with Moudud Ahmed AJ Mohammad Ali and M Masud Rana, Advocates—For the......his Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....is Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......se is also Reported in: 67 DLR (HCD) (2015) 317. ..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

.... It would be unnecessary delay in holding the trial of the cases, if leave is granted....... (50) Case Referred to- State Vs. Lilun Nahar Ekram, IV ADC 264. Lawyers Involved: Md. Faridul Islam, Advocate, instructed by Madhumaloti Chowdhury Barua, Advocate-on-Record—For......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ......of 2014, 667-670 of 2014) Syed Mamun Mahbub, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner, (in Criminal Petition Nos. 693-698 of 2014) Md. Khurshid Alam Khan, Advocate, instructed by Shahanara Begum, Advocate-on-Record—For the Petitioner. (In Crim...... Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…………….Petitioner Vs. A A M Habibur Rah­man and anothers..........Respondents Judgment April 12, 2015. Result: All the petit..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....ts Judgment April 12, 2015 Result: The petition is disposed of. Lawyers Involved: TH Khan, Senior Advocate, (AM Mahbub Uddin, Advocate, appeared with him), instructed by Md. Tauflque Hossain, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Attorney-Gene......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   .........Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result: The petition is disposed of. Lawyers Involved: TH Khan, Senior Advocate, (AM Mahbub Uddin, Advocate, appeared with him), instructed by Md. Tauflque Ho......ent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result:..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....tantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......i Umer Dolal Vs. State of Bombay, AIR 1952 SC 14; Roghunath Vs. Paria (AIR 1967 Goa 95); Sham Sundar Vs. Puran AIR 1991 SC 8; Mangal Singh Vs. State of UP, AIR 1975 SC 76. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, with Mohammad Nazrul Islam, Senior Advocate, S.M. Shahjaha......of Abdul Quader Molla Vs. The Chief Prosecutor, it was held that because of the protective provisions power of the Appellate Division may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article 47A (2), under rule ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....ngs given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul 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) 5. ...... 34 DLR (AD) 237; Bangladesh Vs. Haji Abdul Gani, 32 DLR (AD) 233, Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237 and Jahir Ahmed Vs. Badsha Mia Sowadagar) 36 DLR 90 and Md. Nasir-ullah Vs. Md. Ziauddin Khan 12 MLR (AD) 329. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by...... Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Imman Ali J   Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment       March..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....ce, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......dence that a person so charged either caused death of a ‘নারী’ or attempted to cause death of a ‘নারী’…..(17). Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Appellant. B......(ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

.... This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......nistry of Home Affairs, 44 DLR 110; Lord Atkin in R Vs. Electricity Commissioners ([1924] 1 KB 171); Ridge Vs. Baldwin ([1964] AC 40); University of Dacca Vs. Zakir Ahmed, 16 DLR (SC) 722; Habibullah Khan Vs. Shah Azharuddin Ahmed, 35 DLR (AD) 72; Hamidul Huq Chowdhury Vs. Bangladesh, 33 DLR 381; Fa...... Original Jurisdiction) Present: Moyeenul IslamChowdhury J Md. Ashraful Kamal J Hafizur Rahman Nafor...................Petitioner Vs. Secretary, Ministry of Home Affairs and others.........Respondents Judgment    March 2, 2015. Result: The ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

.... Present: Surendra Kumar Sinha CJ NazmunAra Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Profullah Chandra Sarker and other ...........Petitioners Vs. Md. Nasibuddin and others ..........................Respondents Judgment    ......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ...... The leave petition is dis­missed. Lawyers Involved: Qumrunnessa Ratna, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record—For the Petitioners. Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. C......10. ..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....tioner Vs. M Sahabuddin Ahmed and others .......................Respondents Judgment February 19, 2015. Result: This petition is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petit......t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ...... M Sahabuddin Ahmed and others .......................Respondents Judgment February 19, 2015. Result: This petition is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Md. Sh......;         Hasan Foez Siddique J Durnity Daman Commission, represented by its Chairman, Dhaka….....Petitioner Vs. M Sahabuddin Ahmed and others .......................Respondents Judgment February 19, 2015. Result: ..

Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... in: 67 DLR (HCD) (2015) 199 ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......Md. Imman Ali J    AHM Shamsuddin Chowdhury J Sohan Kumar Agarwala....................Petitioner   Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another................Respondents Judgment   February..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....1) Khurshid Alam Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (In Criminal Petition No.462 of 2013) Ajmalul Hossain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent.(In both the cases) Criminal Petition for......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......Act II of 1947 and for prosecution of that offence no notice is required to be served upon the accused per­son...........(6-8) Case Referred To- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-Ge...... Syed Mahmud Hossain J Hasan Foez Siddique J State………………………….Petitioner Vs. Engineer Monjurui Ahsan Munshiand another……………………….Respondents ..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

.... to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ..........................................Respondent Judgment January 19, 2015.      Result: The petition is dismissed. Lawyers Involved: Md. Khurshid Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. B......vision (Criminal) Present: Md. Abdul Wahhab Miah J Md.lmman Ali J Hasan Foez Siddique J            Jahirul Haque and another................Petitioners Vs. State......................................Resp..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Anti-Corruption Commission, represented by its Chairman Vs. Haji Md. Salim and another, 2015, 44 CLC (AD)

....d directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 127.   ......eal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 127.   ...... complications in future. Therefore, we cannot accept the application for not pressing the petition filed by the petitioner.......(3 & 4) Case Referred to- Anti-Corruption Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Khurshid Alam Khan, Advocate instructed b......uddin Chowdhury J             Anti-Corruption Commission, represented by its Chairman.........Petitioner Vs. Haji Md. Salim and another.................Respondents Order        &n..

Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....erence and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......State of Gujrat AIR 1997 SC 3400. Lawyers Involved: Moudud Ahmed, Hasan Ariff Senior Advocates with Ahsanul Karim, Khairul Alam Chowdhury, Kabir Iqbal Hossain, Aminul Hoque, Tanveer Hossain Khan, MA Qayyum Khan, Abu Taleb, Md. Ramzan All Sikder, Abdullah M Hasan, Khan Mohammad Shameem Aziz......5) 73   ..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....e Court High Court Division (Civil Appellate Jurisdiction) Present: AKM Abdul Hakim J Zafar Ahmed J A Hakim Gazi and others .........Plaintiff Appellants Vs. Md. Nasiruddin, Assistant Vice President/Manager and others......Defendant-Respondents Judgment......oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ......oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ...... is also Reported in: 67 DLR (HCD) (2015) 218 ..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8