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Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......led a joint application giving rise to Miscellaneous Case No.2 of 1973-74 with a prayer for setting-aside the aforesaid sale and in the said Miscellaneous proceeding 2 of 1973-74 the Cer­tificate Officer having heard both sides, allowed the same by his order dated 30-2-1974 setting-aside the sal..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

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

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ...... who recorded the ejahar and filled up the column of ejahar from. He proved the ejahar as Exhibit 2, his signature in it Exhibit 2/1. 25. In cross-examination he stated that at the instance of the Officer-in-Charge he recorded the First Information Report. 26. P.W.8 Md. Shahjahan, the investig..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

....ppeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of convic­tion and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convicting the appellant under section 26(2)......ant this Court was pleased to direct him to surren­der before the trial Court within eight weeks. In compliance with the direction of this Court the appellant surrendered before the learned Chief Judicial Magistrate, Feni on 15-4-2009 in connec­tion with Feni P.S. Case No.17 dated 18-2-2003 ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......ed to resist Rustom with the help of local people Rustom being annoyed of the said approach of deceased, murdered him. On the following morning on 10-11-1998 at 8-05 AM the informant having found the Officer-in-Charge of Gangnee Police Station in the place of occurrence narrated the occurrence to hi..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....9; Laxmidas Morarji (dead) by L.Rs. Vs. Behrose Darab Madan, (2009) 10 SCC 425;Delhi Judicial Service Association Vs. State of Gujarat, (1991) 4 SCC 406. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Ajmalul Hossain OC, Senior Advocate, instructed by Syed Mahbubar Rahman, Advo......odiuzzaman Khan 16 BLD (AD) (1996) 253=1 BLC (AD) 35; S. Nagaraj Vs. State of Karnataka, (1993) Suppl. (4) SCC 59; Laxmidas Morarji (dead) by L.Rs. Vs. Behrose Darab Madan, (2009) 10 SCC 425;Delhi Judicial Service Association Vs. State of Gujarat, (1991) 4 SCC 406. Lawyers Involved: Ra...... be withdrawn or the Scheme be modified, that supervening public interest would prevail over any prom­issory estoppel." 31. Moreover, the Supreme Court of India in the case of Sales Tax Officer Vs. Shree Durga Oil Mills  (1998) 1 SCC 572 held that any  IPR (Industrial Policy ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......a Metropolitan Building (Construction, Development, Preservation and Eviction) Rules 2008 and Section 12(c) of the Antiquities Act, 1968. 7. The custodian of the Fort has sent a letter to the Officer-in-Charge of Lalbagh Police Station for action to stop the on going construction work, but ..

Category: Property Law | Date: 26 Oct, 2011 | Hits: 23

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ......hjahan Master and when he had returned back in his house found many people in the place of occurrence. In cross-examination he denied the defence suggestion that he did not state to the Investigation Officer that he was reading in the baranda of their house at 6-30 AM. He stayed in his house on the ..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petitioner and others as plaintiffs instituted a suit for declaration. The defendant Range Officer contested the case. The defendants contested the suit on presentation of a written stat..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....World Bank through the local Banks it is not Bank's money, therefore, Bank is not competent to realize the same………………………..(13)  Lawyers Involved: M.A. Wadud Bhuiyan, Senior Advocate with Abu Ahmed Akhtaruzzaman, Advocate - For the Petitioner. Abdul Razaque Kha......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......parties and found that the complaint case and the aforesaid Raipura police station case did not arise out of self same occurrence. Thus the learned Judge accepted the naraji petition and directed the Officer-in-charge, Raipura Police Station to hold an enquiry by himself within seven days and submit..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

.... Abdul Huq Vs. Yehia Khan, AIR 1924 Patna 81; Samptram Vs. Bawo Lal, AIR 1955 Allahabad 24; Zulfikar Mahmud Vs. National University and others, 60 DLR (AD) 40. Lawyers Involved: TH Khan, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed by Md. Aftab Hossain, Advocate-o......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: One Mr. AKM Zayed Hossain Khan, Anti-Corruption Officer, Anti-Corruption Bureau, Bank Branch, Bangladesh, lodged First Information Report on 9-3-199..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation proceeding does not invoke the bar under section 195(1)..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

....he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......ogaon Branch, Naogaon" who is the complainant of the instant case. 4. It is further stated that the Manager of Mercantile Bank Ltd., Naogaon Branch, Naogaon filed CR Case No.406/8 before the Chief Judicial Magistrate, Naogaon against the petitioner under section 138 of the Negotiable Instruments ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....ing, Agrabad, Chittagong. Judgment August 8, 2011, August 17, 2011, August 18, 2011 & August 23, 2011. Result: The suits are decreed-in-part. Lawyers Involved A.J. Mohammed Ali, Senior Advocate With Ms. Rubaiyet Hossain, Advocate-For the plaintiffs. M. Moksadul Islam, Advoca......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......gong. 8. The Commissioner of Customs, Customs house, Chittagong. 9. The Principal officer, Marine Mercantile Department, C.G.O Building, Agrabad, Chittagong. With Beno M. Patandung Second Officer of the Vessel M. V. Accord at present temporarily residing on Board, the Vessel M. V. Accord..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)

.... Result: The appeal is dismissed. Lawyers Involved: Fazle Noor Taposh, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record—For the Appellant. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Respondent No.1. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..

Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163

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

.... 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: ...... 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