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Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....e. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ...... Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application shall be brought in a civil court in respect of any order directing the preparation or revision of record-of-rights under this chapter or in respect of ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Court High Court Division (Special Original Jurisdiction) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others........es of the case it was competent for the Full Bench of the High Court of Uttar Pradesh to entertain and deal with the petitions of the said two Hon'ble Judges and Mr. B. Solomon, Advocate, and to pass interim orders restraining the Speaker of the Legislative Assembly of Uttar Pradesh and other respon......"Sarak Bhabon case" was filed in a Division Bench of the High Court Division wherein the rule was issued which was ultimately made absolute. The respondents of the writ petition failed to execute the orders. Accordingly contempt case being Contempt Petition No. 56 of 2012 was filed. The contemners a......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....llate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs....... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......lved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court Division in Criminal Appeal No.3084 of 2004 with Dea...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nalu………………………&hel......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......wyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 2005 w......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Pe......a direction upon writ-respondent No.3 to recall/cancel the said notification and for holding election of the Federation in accordance with its constitution. The writ-petitioners also sought for an ad-interim order staying operation of the impugned notification. The Rule was issued in the terms as pr......ner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 o...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....isdiction)
Present:
Farah Mahbub J
Abdur Rob J
Md. Mozaffor Hossen and another..........................Petitioners
Vs.
Government of the People’s Republic of Bangladesh and others…......Respondents
Judgment
July 18, 2012.
Result:
The R......ecord had started investigation of the impugned case. Meanwhile, during the course of investigation the petitioners had preferred the instant writ petition and obtained the Rule Nisi along with an ad-interim order of stay and as such the investigation of the case could not be completed. He further g......nnot be treated as mandatory, rather it is directory. However, in such cases while accepting the police report, if filed beyond the prescribed period of time, the Court is to look into this aspect in order to be satisfied that there was no intentional laches on the part of the Investigating Officer ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....sp;......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......wdhury, Senior Advocate (with. M.A. Samad, Senior Advocate), instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Jud......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....vision (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Pet......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......er. Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the High Court Division in Civil Revision No.2944 of 2006.) Jud......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others...............................ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ucted by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.723 of 2009. (From the judgment and order dated 1.2.2009 passed by the High Court Division in Civil Revision No.2359 of 2007.) Ord......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......, filed review petition being review Case No.19 of 1998 for reviewing the judgment and decree dated 1-6-1998 passed in the appeal. The review petition was allowed by the learned Sub-ordinate Judge by order dated 22-9-1999. The learned Judge ordered for hearing of the appeal afresh and after hea...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretary, Finance Division, Mi......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......Abu Sams Md. Khalequzzaman, Advocate-on-Record—For the Petitioners. Not represented- For the Respondent. Civil Petition for Leave to Appeal No.839 of 2009. (From the judgment and order dated 23.10.2008 passed by the High Court Division in Writ Petition No.10747 of 2006.) O......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
....ualified apology (on behalf of his client) before this Court, submits that the respondent-contemner was, indeed, willing to complete jobs assigned to his firm and out of that bonafide intent he had only retained the documents, without knowing that it was his obligation to return the documents i......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
...... June, 2012, the respondent contemner himself has personally appeared today, before this Court.
2. This contempt Rule was issued at the instance of the petitioners for not complying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ase is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......or Advocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 2010 passed by the High Court Division in Writ Petition No.6684 o......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....gh Court Division in a cumbersome manner challenging the order (though it was a decree) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Minis...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......r. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824 of ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......l Hye Bhuiyan, Advocates—For the Respondent No.4. Writ Petition No. 242 of 2012 Judgment Nozrul Islam Chowdhury J.— This Rule Nisi is directed against the judgment and order dated 21-11-2011 passed by the Chairman Labour Appellate Tribunal, Dhaka in Appeal No. 349 of ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
.... Ed. This Case is also Reported in: ...... for container and containerised cargo handling at Chittagong port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim order the respondents were also directed not to issue any work order till 09.06.2010 and t......ainer and containerised cargo handling at Chittagong port should not be declared to have been passed illegally, without lawful authority and hence, are of no legal effect. 2. Vide the interim order the respondents were also directed not to issue any work order till 09.06.2010 and the Chitta......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....বেচনায় আনা যায়। Conviction can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this......লীন জামিন মুক্তি দেওয়া হউক। 11. Md. Rezaul Hasan J: I have heard the order passed by my learned brother issuing Rule and granting an ad-interim bail to the accused-petitioner. I however sincerely regret my inability to agree with his Lo......মাসের জন্য অর্ন্তবর্তীকালীন জামিন মুক্তি দেওয়া হউক। 11. Md. Rezaul Hasan J: I have heard the order passed by my learned brother issuing Rule and granting an ad-interim bail to the accused-petit...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....sion
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Md. Shamsul Huda J
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, D......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......ucted by Nurula Islam Bhuiyan and Md. Shamsul Alam, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Appeal No.133 of 2004.
(From the judgment and order dated 16th and 17th April, 2002 passed by the High Court Division in Writ Petition No.1806 of ......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....me Court High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Kibria(Md.).....................Petitioner Vs. Bangladesh...............................Respondents Judgment June 19, 2012.......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......the respondent Nos. 7's recruitment notice dated 27-3-2010 (Annexure-A2) in compliance with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leadin......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....on (Civil) Present: SK Sinha J Md. A Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents......edule is also violative of Article 9 of the Order of 1972. The impugned election schedule also violates Rule 11 of the Bar Council Rules, 1972. 10. The writ-petitioners obtained Rule Nisi and an interim order of stay on the date of issuance of the Rule. 11. Civil Miscellaneous Petition for......ivil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 of 2012. (From the judgment and order dated 20-5-2012 passed by the High Court Division in Writ Petition No.4546 of 2012). Judg......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
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