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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....in Begum Bithi, AAG and Kazi Ebadath Hossain, AAG— For the State. Criminal Appeal No. 2349 of 2002. Judgment Mir Hashmat Ali J. - This appeal is directed against the judgment and order of conviction dated 27-6-2002 passed by learned Sessions Judge, Meherpur in Sessions Case No.0......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.... 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 ...... of Syed AJi Habib, son of, Syed Abdul Latif was duly recorded in SA Khatian No.Sabek 1328 Hal 804, SA dag No.1800, area of land measuring 0473 Ajutangsha. Being bona fide owner in possession he paid Government rents, taxes of the suit land to the concerned authorities in time. Syed Ali Habib died l..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

...."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......pendency of Judiciary is the sine qua non of modern democracy. The eloquent words of Justice Krishna Ayer in this regard are: Independence of the Judiciary is not genuflexion; nor is it opposition of Government. It is neither judiciary made to opposition measure nor Government's pleasure”. In the ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Jamat Ali Vs. State, 2012, 41 CLC (AD)

....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)

....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)

....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......tion, it was stated, inter alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Schedule to the Bangladesh Sports Council Act, 1974, of which President is nominated by the Government. It survives on periodic grants extended by the Government. It is situated on a large chu..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....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 ...... High Court Division (Special Original Jurisdiction) 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 Jud..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....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......sion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....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......nization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangla­desh and got government as well as foreign grants. The said samity was an a..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....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)

...., 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)

....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......vil) 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, Ministry of Finance, B..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

.... 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......Establishment Division of the President's Secretariat, which was found to be an interference with the proper administration of justice by the High Court. The Supreme Court also observed that, the Government of Pakistan was extremely ill-advised in becoming a party to the contempt proceedings (dr..

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)

....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)

....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 ......r 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, Ministry of Law as respondent Nos.1 and 2 wi..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....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)

....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......ng operated in arbitrary and discriminatory manner and in gross violation of their fundamental rights. However, due to the volatile political condition during the tenure of non-political Caretaker Government from 2007 till the end of 2008, the petitioners (along with other stevedoring firms) ple..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....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

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....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 ...... Reported in: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....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