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Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)

.... Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter................................. Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter................................................Respondent Judgment ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......t: 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 Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners ..

Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Krishna Debnath J Golam Ahmed………………………….Appellant Vs. State……………………………...........Respondent Judgment December 7, ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......so Reported in: 64 DLR (HCD) (2012) 93. ..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

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

....the place of occurrence, prepared the sketch map with index, asked the informant about the case. Thereafter, the charge of the investigation was transferred to Md. Selim Ahmed, Police Inspector, CID, Bangladesh, Dhaka vide memo No.সি, আই, ঢাকা মেট্রো/১২-৮-৩৩১......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. ......cess of the law.......... (12) Cases Referred to- Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39. Lawyers Involved: Delwara Habib, Advocate—For the Petitioner. Bashir Ahmed, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No.10444 of ..

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

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

....al Attorney-General, appearing on behalf of the appellants, has reiterated the grounds on which leave was granted. In addition, he has further submitted that in the writ petition, the Govern­ment of Bangladesh was not made a respondent as provided in article 146 of the Constitution, the writ-petiti......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. ...... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J Md. A Wahhab 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..

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

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

....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.......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……………………………………………………………………………......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.......0...

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

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

....;……… (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) 189; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 18......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. ......nal Jurisdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J                 Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Op..

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. ......o Reported in: 18 BLC (HCD) (2013) 260. ..

Category: Civil Law | Date: 23 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. ...... 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. ......1. There was no cross-examination of P.W.11 by the defence. 22. P.W.12 and the last witness police Sub-Inspector MA Latif stated that on 9-11-1998 he was posted at Gangnee police station, Sayeed Ahmed the Officer-in-Charge having been at Sohogalpur village recorded the FIR on plain paper on the..

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

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

.... 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 November 16, 2011. R......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. ......e Division (Civil) Present: Md. Muzammel Hossain CJ Surendra 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. Governme..

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)

....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. ......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. ......n (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appella..

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

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

....ed 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)

....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.   ......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.   ...... in the place of occurrence at 8-30/8-40 AM and after 30/40 minutes of his arrival police came there. Police seized the blood stained sharpen dao and the cash Taka. Their former Chairman Shoheb Uddin Ahmed and local people Khorshed Alam, Kalipad Malo, Jibon Krishno Saha and Dilip Gomez put their sig..

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

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

.... Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J  Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others ………………………&helli...... ......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......egation to release the suit land to mala fide grab the government property. The learned Assistant-Attorney-General lastly argued quoting a finding of the appellate Court that "P.W. 2 Helal Uddin Ahmed stated in-chief-examination that the previous owner of the suit land namely Akhter Hossain Maz..

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

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

....and is enforceable by the High Court Division for a number of reasons. Firstly, because the decision that was taken did not reach finality for want of approval of the Ministry of Finance. Secondly, Bangladesh Bank did not give its clear­ance in respect of write off of the entire loan spe­cially......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. ......al 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 Khan, Senior Advocate with N..

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

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

....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:......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:......ing charge under Sections 11(L), 30 of the Nari-O-Shishu Nirjatan Daman Ain 2000(briefly as Ain 2000) against the appellants. 2. The prosecution case put in nutshell are that on 08-09-2003 one Ali Ahmed filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Dhaka against the..

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

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

....……………Opposite Party Judgment October 3, 2011. Result: The Rule is discharged. Cases Referred to- Abdul Haque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Syed Muham­mad Hashem alias Hashim Vs. State, 48 ......al Revisional Jurisdiction) Present: Md. Ashfaqul Islam J Md. Abu Zafor Siddique J Bahauddin Haider………………… Accused-Petitioner Vs. State…………………Opposite Party Judgment ......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. ......erred to- Abdul Haque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Syed Muham­mad Hashem alias Hashim Vs. State, 48 DLR (AD) 87; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36 DLR (AD) 14. Lawyers Involved: No one Appears - For the Accused-Petitioner. ..

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

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

....able Instruments Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh and businessman by profession. He is a renowned businessman of Bangladesh having the busi......(2012) 272. ...... 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. ....... Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner.  Dr. M Zahir with ASM Abdur Razzak, Advocates - For th..

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

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

....lty Suit No.40 of 2000, Mr. Ramli Yadi K was employed as the O.S. of the vessel M. V. ACCORD. All these 11 Crew members, while working as such in the vessel M.V. ACCORD, on and from 2.12.1999 came to Bangladesh on board the said vessel and thereafter instituted these Admiralty Suits on 1.8.2000 for ......er of the Vessel M. V. Accord at present temporarily residing on Board, the Vessel M. V. Accord, now lying at the outer anchorage of Chittagong Port, Chittagong………………………Appellant Vs. M.V. Accord now lying at the outer anchorage of Chittagong Port, Chittagong. 2. Mr. Sundor......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: ......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: ..

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)

....pecial Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J KM Alam & Co. and another.........................Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result: The ...... High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J KM Alam & Co. and another.........................Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment Augus......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. ......elling 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)

....l of this appeal, in brief, are that the writ-petition­er (respondent No.1 herein), having obtained a Diploma in Mechanical Engineering from the Dhaka Polytechnic Institute on 25.08.1984, joined the Bangladesh Power Development Board (P.D.B.) as a Sub-Asst. Engineer. After the creation of the Dhaka....... Momtazuddin Ahmed J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chairman, 1, Abdul Ghani Road, Dhaka-1000..................................Appellant Vs. Md. Hanif and another...................Respondents Judgment August 14, 2011. ......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. ......: Md. Muzammel Hossain CJ Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J M Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chai..

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