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Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

....…Respondent Judgment August 9, 2011. Result: The appeal is allowed. Lawyers Involved: S.M. Shahjahan with Md. Mohinur Rahman, Advocate - For the Appellant. Md. Monwar Hossain, Assistant Attorney General - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......was a businessman at Dalal Bazar. About two years back, the informant told him that the appellant had kissed Fatema Begum. In cross-examination he stated that he was not examined by the Investigation Officer. 14. P.W.8 Anil Chandra Debnath, Headmaster of Dalal Bazar Government Primary School stat..

Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165

Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)

..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......as the liberation war was going on and that taking that opportunity some miscre­ants took possession of the said property by force. That the petitioner lodged com­plaint to the Sub-Divisional Officer (Sadar, South), Dhaka for the eviction of those unlawful occupants but did not get any resul..

Category: Property Law | Date: 25 Jul, 2011 | Hits: 83

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 BLD (AD) 227; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......D) 167; Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 141; Mohammad Brothers Vs. Collector of Customs, 48 DLR (AD) 58; Collector of Customs Vs. AKM Salauddin, 60 DLR (AD) 71; CA Abraham Vs. Income Tax Officer, AIR 1961 SC 609; Himachal Pradesh Vs. Raja Mahendra Pal, AIR 1999 SC 1786; Haryana Vs. Bha..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

.... Mojibur Rahman Vs. State, 13 MLR 88; Ali Akbor Khan Vs. State, 34 DLR 94; Matiar Rahman Vs. State, 11 MLR 437. Lawyers Involved: MA Mannan Mahon, Deputy Attorney General, Md. Moniruzzaman, Assistant Attorney General, Md. Mahbub Ul Alam, Assistant Attorney General and Md. Osman Gani, Assis......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ......s. In their presence the informant seized the alamats and found wounded Rasel at Sadar hospital. They were interrogated by the IO. In cross-examination they stated that they told to the Investigation Officer that some unknown accused caused explosions. 20. P.W.4, Constable Bazlur Rahman was ten..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....ssed with cost. 6. In both the suits, defendant Nos.9-14 also contested by filing written statement almost similar as of other defendants. Defendants No.13 also con­tested the suit. 7. Learned Assistant Judge heard both the suit analogously and framed issues as: “১। বাদীর ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ent of my learned brother S.K. Sinha, J. 33. Facts leading to this appeal are as fol­lows: 34. Respondent No.1 as pre-emptor filed Miscellaneous (pre-emption) Case No.7 of 1998 in the Court of Assistant Judge, Araihazar, Narayangonj for pre-emption of the case land impleading the present appe......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....dated 11.11.1994 passed by the learned Subordinate Judge, Magura in Title Appeal No.115 of 1992 allowing the appeal and thereby reversing the judgment and decree dated 31.5.1992 passed by the learned Assistant Judge, Salikha, Magura in Title Suit No.78 of 1989 decreeing the suit. 2. The facts l......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....rfering with the order framing charge against the petitioner inasmuch as a suit being Title Suit No.33 of 2009 filed by the accused in respect of the dishonoured cheque is pending in the 4th Court of Assistant Judge, Narayangonj wherein it would be decided as to whether the accused-petitioner issued......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

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

....Vs. State, 4 BLD (AD) 193 = 37 DLR (AD) 139. Lawyers Involved: Md. Shah Alam Dewan, Advocate—For the Petitioner. Md. Shohrowardi, Deputy Attorney-General with Md. Nazibur Rahman, Assistant Attorney-General & Md. Monjur Kader, Assistant Attorney-General—For the Opposite...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

....Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- the appellant. Shah Abdul Hatem, Assistant Attorney General-For the state-respondent. Criminal Appeal No. 5815 of 2008. Judgmen......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....aher Vs. State, 1991 BLD (AD) 81. Lawyers Involved: Md. Aminul Hoque with Abdullah-Al-Mahmud Chowdhury, A.F.M. Saiful Karim-For the appellant. Md. Aminur Rahman Chowdhury, Mrs. Monzu Naznin, Assistant Attorney General-For the respondent No.1. Mominuddin-For the respondent No.1. Crimin......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......স্বাঃ প্রঃ” 32. In cross-examination he added that meeting of the Managing committee was held on 09.4.2006. He did not hand over the copy of the resolution to the Investigating Officer. He found 50/60 persons in the play ground. 33. One of the members of the Managing commit..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... Vs. Goya Proshad, AIR 1972 All 143; Khawaja Neamatullah and another Vs. Khurshidi Begum and others; Shyamal Chandra Roy Vs. Probhat Chandra Roy, 51 DLR 504; Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj and others, 41 DLR 168; Jaban Ali and others Vs. Tazir Muhammad and others, 59 D..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......s of donation of Taka 3,00,000 (three lac) only shall be made in favor of (1) South Araipara Jame Mosque, Village-Araipara, Rajoir, District-Madaripur, Local Address Mr. Md. Golam Rahman, Senior Bank Officer (retired), Village-Bashlar Tek (Rana Bhola Bot-tola), Road Mo.6, House No.6. PO-Nishat Nagar..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

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

....R (2001)125. Lawyers Involved: Md. Abu Bakar Siddique- For the appellant.     Md. Selim Deputy Attorney-General with Md. Ehsanuddin Sheikh, and Md. Nurul Islam Matubber, Assistant Attorney Generals-For the State.   Criminal Appeal No.2161 of 1997. Judgmen...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one year more. 2. The prosecution case, in short, is that, one Md. Sobir Ahmed, District Anti-Corruption Officer, Kushtia lodged a written F.I.R. on 29.1.1991 with the Kushtia Police Station alleg­ing ..

Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....(AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Kamal Hossain, Advocate-For the Petitioner. Ms. Farida Yeasmin, Assistant Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 J...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)

.... Judge, Jhenaidah in Title Appeal No.41 of 2004 decreeing Title Suit No.107 of 2002 for easement right of pathway on setting aside the judgment and decree dated 24.4.2004 passed by the learned Senior Assistant Judge Shailakupa, Jhinaidaha. 2. At the out set it is mentioned that it is now become f....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..

Category: Civil Law | Date: 15 May, 2011 | Hits: 29

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....awyers Involved: Yousuf Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211