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Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ourt Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Husne Ara Begum and another...................3rd Party Petitioners Vs. Saiful Alam (Md.) and others.............Plaintiff Opposite-Parties Judgment Dece......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......e and another by way of added as party in the instant suit on independent count and both count petitioner can be added as necessary party……..(9,10,11) Cases Referred to- Nurul Islam Vs. Jamila Khatun, 53 DLR (AD) 45; Ezahara Miah Vs. Shaher Banu, 49 DLR (AD) 85; Nurun Nahar B..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

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

....Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. R......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....igh Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Jakir Hazi................................Petitioner Vs. State……………………………&hellip......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Jakir Hazi................................Petitioner Vs. State…………………………&helli......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......   5. After concluding the investigation, the investigation officer having found prima facie case against the accused-petitioner along with Mizanur Rahman, Shah Alam Badal and Shahidul Islam Shahid submitted charge-sheet under sections 406/420/506 of the Penal Code, on 05-10-2008. ..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 20......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......l is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-on-Record-For the Appellants. Israfil Hossain, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Appeal No.136 of 2004. (From the ..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....h J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State………………………………………………………………………………..Res......hab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State……………………………………………………………………………â......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......minul Huque Vs. Crown, 3 DLR (FC) 519; Khasba Maruti Sholke Vs. State of Maharastra, AIR 1973 SC 2474; Nasiruddin Sarker Vs. Member, Appellate Tribunal, 31 DLR (AD) 310. Lawyers Involved: Nurul Islam Sujan, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. MK Rahm..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

....y Criminal Jurispru­dence, that the prosecution has to prove its Case………………… (40 & 41) Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shinepukur Holdings Ltd Vs. Securities and Exchange Commission. 50 DLR (AD) 1......yetur Rahim J Sheikh Md. Zakir Hossain J                 Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite-Party Judgment November...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

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. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J Nazir Ahmed and others....................Appellants Vs. Fajal Ahmed & others.........................Respondents Judgment November 2......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. ...... trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..

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

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

.... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Enayetur Rahim J Sheikh Md. Zakir Hossain J Nurul Islam (Md.)…………………………..Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Enayetur Rahim J Sheikh Md. Zakir Hossain J Nurul Islam (Md.)…………………………..Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Re......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. ......se is also Reported in: 64 DLR (HCD) (2012) 268. ..

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

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....d This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......2) 291. ......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

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

.... (Criminal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondent......ision (Criminal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….R......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. ......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)

....o Reported in: 18 BLC (HCD) (2013) 429. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md Ziaul Karim J ANM Bashir Ullah J  State.....................................Petitioner Vs. Rustom & 2 others………………….Condemned-Pri......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. ...... door thereafter he did not witness the rest occurrence. He denied the defence suggestion that he did not state in the FIR that AtiarRahman was murdered under a kadam tree.  13. P.W.2 Miami Islam, the son of deceased Atiar Rahman stated that in the night following 9-11-1998 at 11-00 PM he ..

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

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

....sonable or in gross abuse of power or in violation of prin­ciples of natural justice and not taken in public interest. (5) The Doctrine of legitimate expectation has no role to play where the State action is as a public policy or in the public interest unless the action taken amounts to an ......Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment No......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......1 SCC 71; Punjab Communications Ltd. Vs. Union of India (1999) 4 SCC 727; Sethi Auto Service Station Vs. Delhi Development Authority 2009 (1) SCC 180; SS A Bangladesh Limited Vs. Engineer Mahmud-ul-Islam, 24 BLD (AD) 92=9 BLC (AD) 84; Chairman, Textile Mills Corporation Vs. Nasir Ahmed Chowdhury..

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

Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

.... Facts giving rise to the present appeal are that the appellant as pre-emptor filed Miscellaneous Case (Pre­emption) No.28 of 1995 in the Court of Assistant Judge, Natore, under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala date......Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......hmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: ..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

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: ......sion (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh........................... Petitioner Vs. Bangladesh and others...................................Respondents Judgment Oct......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: ..

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

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

....orted in: 18 BLC (HCD) (2013) 89.   ......High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State................................................Appellant Vs. Matiur Rahman @ Mati.................Condemned Prisoner Judgment October 25, 2011......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.   ...... Referred to- State Vs. Giasuddin, 51 DLR (AD) 103;Abu Taher Vs. State 42 DLR (AD) 253; Abdul Quddus Vs. State, 43 DLR (AD) 234; Abdul Hai Sikder Vs. State, 12 BLD (AD) 180=43 DLR (AD) 95; Nurul Islam Vs. State, 8 BLD 106; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Ayesha Flora, ..

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

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

....- 8 BLC 179 Lawyers Involved: Mohd Abdullah with Gazi Md. Mohsin, Advocates— For the Petitioner. ARM Hasanuzzaman, Assistant Attorney-General—For the Opposite Parties (State). Civil Revision No.1793 of 2005 Judgment Md. Mizanur Rahman Bhuiyan J.- The pe...... ......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......o Reported in: 18 BLC (HCD) (2013) 470.   ..

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

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

....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. ......t High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangla­desh and others……………………………….Respondents ......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. ...... 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)

.....Appellant Vs. Raqib Mia and others…………………………Respondents Judgment October 16, 2011. Result: The appeal is dismissed. Case Referred to- Abul Kashem Khan Vs. State, 56 DLR 435; Nakib Ashraf Ali alias Ashraf Nakib and another Vs. State and another, 14 BLC 527......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: ...... 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: ..

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

Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)

....h Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J Abdul Gaffar and others……………………………………Appellants Vs. The State …………………………………………………………..Respondent Judgment ......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J Abdul Gaffar and others……………………………………Appellants Vs. The State …………………………………………………………..Respondent J......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148

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

....s contract will not defeat the decree for specific performance.............................(21)  Cases Referred to- Vishram Arjun Vs. Irukulla Shankariah, AIR 1957 Andra Pradesh 784; State of Bihar Vs. Ram Ballabh Das Jalan, AIR 1960 Patna, 400; Lata Construction Vs. Dr. Rameshcha......in CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Respondents Judgment October 11......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. ...... Lawyers Involved: TH Khan, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant (In both the appeals). Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos.1 &am..

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