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Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....dges receive, it is inconceivable that they could shoulder the burden of overseas medical expenses, although, understandably at times, it becomes necessary on many peoples’ part to go abroad for specialized medical attention when the ailment turns out to be complicated ones. 15. He was o...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ent and order dated the 24th day of February, 2010 passed by the High Court Division in Writ Petition No.9985 of 2007). Judgment Md. Abdul Wahhab Miah J.- The writ-petitioner has filed the leave petition against the order dated 02.08.2010 passed by a Division Bench of the High Court Divis..

Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....Deputy Attorney General appearing on behalf of the respondents submits that transfer of the instant case was done under the provisions of sections 5/6 of the Druto Bichar Tribunal Ain, 2002, which is special law enacted for quicker disposal of cases involving the serious criminal offences including ......Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 31.10.2011 passed by the High Court..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Anti-Corruption Com­mission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)

....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......rder dated the 18th day of July, 2010 passed by the High Court Division in Criminal Miscellaneous Case No.20319 of 2010). Judgment Md. Abdul Wahhab Miah J. - Delay of 155 days in filing the leave petition is condoned. 2. This Criminal Petition for Leave to appeal has been filed by the..

Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......ner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....h offence or making the order for investigation shall make an order stopping fur­ther investigation into offence unless the officer making the investigation satisfies the magis­trate that for special reasons and in the interest of justice the continuation of the investigation beyond the spec......ccused of a heinous crime. Stoppage of the trial did not mean an end to the woes of the accused. A revival would revive his woes." 35. We have gone through the entire Judgment. In that case leave was granted (vide para-15) about considering the issue of reckoning of a fresh period of 270 d..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Somed Ali Vs. State, 2011, 40 CLC (AD)

....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......osecution failed to bring home the charge brought against him under section 302 of the Penal Code and as such, the impugned judgment and order needs to be interfered with by this Division by granting leave. He has further contended that the petitioner is now in condemned cell since 15.10.2003, that ..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)

.... and 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) 113. ...... and 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) 113. ..

Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and oth­ers, 2011, 40 CLC (AD)

....record." Security of Tk. 1,000/- is to be deposit­ed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......8 of 2009. (From the judgment and order dated 28.05.2009 passed by the High Court Division in First Miscellaneous Appeal No.3.2 of 2004.) Order Nazmun Ara Sultana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 28.05.2009 passed by the High..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ....... Mozahidn accused of the above mentioned case are taken together for analogous hearing which have been sent by the Hon'ble Appellate Division for hearing by order passed in Criminal petition for leave to Appeal No.19 of 2009 and 18 of 2009 respectively. In pursuance of such direction we have fi..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)

.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......eal No. 266 of 2009. (From the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003.) Judgment Nazmun Ara Sultana J.- This appeal, by leave, at the instance of Bangladesh Rural Development Board is from the judgment and order dated 10..

Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133

Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)

....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2000 heard along with Writ Petition No.3449 of 2000). Judgment MA Wahhab Miah J. - This appeal, by leave, has arisen out of the judgment and order dated the 18th day of November, 2001 passed by the H..

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152

JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......he petitioner filed writ petition No.3523 of 2007 chal­lenging the order dated15-3-2007 before this Division which was discharged on25-11-2008 against which the petitioner filed Civil Petition for leave to Appeal No.896of 2009 before the Appellate Division which was also dismissed on 17-11-2011...

Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)

.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... 2010. (From the judgment and order dated 28-2-2010 passed by the High Court Division in Criminal Revision No.1182 of 2009. Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 28-2-2010 passed by a Division Benc..

Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3

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

....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. ......rnment of Bangladesh and others.............Petitioners Vs. Saleha Akter................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General ins..

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

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

....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. ......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. ..

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

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

....n offence within the definition of an offence as given in section 40. Offences are created by statute; section 40 of the Penal Code says offence denotes a thing punishable under the Code or under any special or local law. Section 4 (c) of the Criminal Procedure Code says offence means any act or omi......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. ..

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. ......o.136 of 2004. (From the judgment and order dated the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001). Judgment MA Wahhab Miah J. - This appeal, by leave, at the instance of the writ-respondents, has arisen out of the judgment and order dated the 3..

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.......nnocence of the accused and incapable of explanation on any reasonable hypoth­esis other than that of the accused's guilt. The chain of evidence furnished by those circumstances must be complete and leave no reasonable ground for a conclusion consistent with accused's innocence. 10. In Abdul Gha..

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