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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.   ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J  Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit...... ............ (5) Cases Referred to- 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 ..

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

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

....State …………………………………………………………..Respondent Judgment October 16, 2011. Lawyers Involved: No one appears-For the appellants. M. A. Mannan Mohon, Deputy Attorney General with Md. Mahbub Ul Alam, Assistant Attorney General, Md. Bashir Ullah, Assis......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:......Abdur Rob J. - I agree. This Case is also Reported in:......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment October 16, 2011. Lawyers Involved: No one appears-For the appellants. M. A. Mannan Mohon, Deputy Attorney General with Md. Mahbub Ul Alam, Assistant Attorney General, Md. Bashir Ullah, Assistant Attorney Ge..

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

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

....ent Md. Ashfaqul Islam J.- In an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner Bahauddin Haider this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the initiation of process by the Chief Metropolit......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. ......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance 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: On......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. ..

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

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

....l Hossain Vs. State, 55 DLR (AD) 125; Chitta Ranjan Das Vs. Shashi Motion Das, 56 DLR 276=9 MLR 133. Lawyers Involved: No one appears—For the Accused-Petitioner. KM Zahid Sarwar, Deputy Attorney General with Khondker Modarresh Elahi, Assistant Attorney General with Nowazish Ara ......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. ...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ......ate, 55 DLR (AD) 125; Chitta Ranjan Das Vs. Shashi Motion Das, 56 DLR 276=9 MLR 133. Lawyers Involved: No one appears—For the Accused-Petitioner. KM Zahid Sarwar, Deputy Attorney General with Khondker Modarresh Elahi, Assistant Attorney General with Nowazish Ara Begum, Assistant..

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

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

....D) 44 = 2BLC (AD)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner.  Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite Party No.2.  KM Zahid Sarwar, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.28908 of 2009. Judgmen...... 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. ...... High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Naima Haider J Raj Kumar Khetan…………………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: ......)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner.  Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite Party No.2.  KM Zahid Sarwar, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.28908 of 2009. Judgment Siddiqur Ra..

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

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. ......eported in: 18 BLC (HCD) (2013) 221. ......e (3) of Rule 60, the contention that the decision of the Review Panel is contra­dictory is misconceived and has no substance. 7. As against this, Mr. Murad Reza, learned Additional Attorney-General (appearing in personal capacity), appearing along with Mr. Khandaker Reza-e-Raquib, Mr. Imra..

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

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

..................................Respondent Judgment August 14, 2011. Lawyers Involved: Muhammad Nazrul Islam with Md. Ahasanullah Chowdhury, Advocates-For the appellants. Nazibur Rahman, Deputy Attorney General-For the respondent. Not represented- respondent No.2. Criminal Appeal......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......n J.-I agree. Ed. This Case is also Reported in: ....................Respondent Judgment August 14, 2011. Lawyers Involved: Muhammad Nazrul Islam with Md. Ahasanullah Chowdhury, Advocates-For the appellants. Nazibur Rahman, Deputy Attorney General-For the respondent. Not represented- respondent No.2. Criminal Appeal No. 8196 of 200..

Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91

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: ...... - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-......dgment 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 Md. Ruhul Quddus J..

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

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

......................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the....... 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. ...... Muhammad Mamtaz Uddin Ahmed J Bangladesh repre­sented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ...... Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum, Advoc..

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

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

....s. Malli-karun, AIR 1960 SC 137; Achutananda Baidya Vs. Profulla Kumar Gayen, AIR 1997 SC 2077; Harun-Or-Rashid Vs. Pubali Bank 60 DLR (AD) 18; Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; Babul Vs. Deputy Commjssion, Noakhali 49 DLR (AD) 111; State of Haryana Vs. Ch. Bhajan Lal, AIR 1992 (SC) 604......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. ...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J   Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...............................ion approved the views taken in MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR(AD) 206 and Nasar Ahmed Vs. Bangladesh, 49 DLR(AD) 111 observing, 'the contention raised by the learned Attorney-General that writ peti­tion filed by the respondent challenging the proceeding in the aforesaid sp..

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

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

.... (SC) 110; Shahjahan Vs. State, 46 DLR 575; 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......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.     ......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:......ahan Vs. State, 46 DLR 575; 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 Genera..

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: ......lso Reported in: ......t, 3 No. Juthy Gate, Chittagong. 5. Seacom Shipping Lines Ltd. Taher Chamber (3rd Floor) 10, Agrabad C/A, Chittagong………………………………………………Defendants 6. M/S. City General Insurance Co. Ltd.B.B Avenue Branch, 28, B.B. Avenue, Dhaka. 7. M/S. Van Ommeren Tank Te..

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

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

....Advocate - For the Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Opposite Party No.1.  Ashique Rubait, Advocate - For the Opposite Party No.2.  Sakila Rowshan, Deputy Attorney-General - For the Opposite Party No.1.  Criminal Miscellaneous Case No.295...... 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. ......ional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgment ......he Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Opposite Party No.1.  Ashique Rubait, Advocate - For the Opposite Party No.2.  Sakila Rowshan, Deputy Attorney-General - For the Opposite Party No.1.  Criminal Miscellaneous Case No.2956 of 2005. ..

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

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

....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. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ......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)

....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. ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................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)

....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. ......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ......ly vague. The High Court Division noticed that the plaintiffs-petitioners stated the date of death of Mr. Md. Lutfor Rahman to be in the middle of the year 2004 and that the certificate issued by the General Secretary of the Bar Association (Annexure-A to the supplementary affi­davit) showed tha..

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

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

....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. ...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ......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, 59 DLR (AD) 93; Amir Hossain Howlader 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, ...... 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. ......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli......judgment and order based on the evidence of interested witness is not sustainable in the eye of law…….... (17) Police officer-cum informant should not be investigation officer Generally an informant who is a police officer should not be investigating officer to maintain the n..

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

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

....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:   ......t High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam M......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. Judgment Md. Ruhul Qudd..

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

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

....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: ......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: ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Refe......1 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. Criminal Appeal No. 6821 ..

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