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Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

.... hence directed to appear in person before the High Court Division of the Supreme Court at 10-30 AM on Monday, the 30th June, 2003 without fail. The Commissioner, Dhaka Metropolitan Police and the Deputy Commissioner-in-Charge of Traffic, Dhaka Metropolitan Police were directed to ensure service......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ...... Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Responde...... by the High Court Division in Criminal Miscellaneous suo moto Rule No. 12166 of 2003). Judgment: Md. Faziul Karim J.- Mr. Shahudul Haque, Inspector General of Police, Bangladesh appellant in Criminal Appeal No. 12 of 2004 and Sergeant Shoaibur Rah..

Category: Criminal Law | Date: | Hits: 64

Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)

.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank........................Appellant Vs. Ansarul Hoque and ors................Respondents Judgment April 17, 2004. ......urt Division passed in Writ Petition No. 5543 of 2000 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition impleading therein the appellant Bank and the Attorney-General as respondent Nos. 1 and 2 stating as follows: "That the petitioner is ..

Category: Banking Law | Date: | Hits: 101

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chairman (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Cont......ed Counsel and Mr. Abdur Razzaque, learned Counsel, appeared for them respectively and reiterated the averments as mentioned above. 21. Copy of the Rule was served upon the learned Attorney-General. Pursuant thereto Mr. AJ Mohammad Ali, learned Attorney-General, also addressed the Court i..

Category: Election Law | Date: | Hits: 108

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......7) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..

Category: Property Law | Date: | Hits: 55

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others...............ed in making the rule absolute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record —For the Appellants. Md. Abdul ..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....cate, (MA Azim Khair, Advocate with him), instructed by Ahsanullah Patwary, Advocate-on-Record—For the Appellant (Civil Appeal No. 385 0f 2003). AJ Mohammad Ali, Attorney-General (Adilur Rahman, Deputy Attorney-General with him), instructed by Sufia Khatun, Advocate-on-Record—For the Appellan......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ...... Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent No. 1 (Civil Appeal Nos. 383, 385-387 of 2003) and Respondent No. 10. (Civil Appeal Nos. 384 of 2003). Not represented—Respondent Nos. 2-5 (Ci......ida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed by Ahsanullah Patwary, Advocate-on-Record—For the Appellant (Civil Appeal No. 385 0f 2003). AJ Mohammad Ali, Attorney-General (Adilur Rahman, Deputy Attorney-General with him), instructed by Sufia Khatun, Advocate-on-R..

Category: Information Technology Law | Date: | Hits: 266

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

.... Revisional Settlement Operation, the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commissioner, Narayanganj, Additional Deputy Commissioner Revenue, Narayanganj and......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.............ourt for giving reasonable opportunity to the appellant to contest the suit……..……(13 & 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shahidul Huq, Advocate-on-Record— For the Appellants. Abdu..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......on (Civil) Present : Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ........oners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represen..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta......e and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawa..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....��………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. Abdur Razaque Khan, Additional Attorney-General (Abdur Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Res......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding�......the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. Abdur Razaque Khan, Additional Attorney-General (Abdur Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....he order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) instructed by Sufia Khatun, Advocate-on-Record—For the State Ap......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......e Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J State................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Pro...... the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) instructed by Sufia Khatun, Ad..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..............................y operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate with him), instructed by B Hossain, Advocate-on-Record—For t..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....petitioners filed an application to the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh on 12-6-1985. The Joint Secretary called for a report from the Additional Deputy Commissioner (Rev), Habigonj vide Memo dated 15-6-1985 and in the meantime stayed all further......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......ion of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioner. Respondents—Not Rep..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......aque J Md. Tafazzul Islam J Girilal Garwala………………………..Petitioner vs Collector of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. ......oresaid civil petition, it would have been crystal clear that the above physical verification was not carried out in presence of the petitioner and so the submission made by the Additional Attorney-General to the effect that on physical verification of the imported goods in the presence of the p..

Category: Business or Commercial Law | Date: | Hits: 88

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant. Abdur Razzaque Khan, Additional Attorney-General, (Faisal H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-..

Category: Criminal Law | Date: | Hits: 59

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....ned Counsel has referred to the above decision in the case of Bangladesh vs. Amena Khatun and others reported in 53 DLR (AD) 55. 6. Article 7 of President's Order No. 16 of 1972 provides that the Deputy Commissioner shall take possession of the property where any abandoned property is not in pos......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respondent Judgment......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 108

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ......................n of law and the materials on law was fully justified in allowing the appeal……………..(7) Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahidullah,Advocate-on-Record— For the Petitioners. Hu..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

.... 1 Inspector Inspector-General of Police. Government 2 Sub-Inspector, Assistant Sub- Inspector, Sergeant, Head Constable. Deputy Inspector- General of Police. Inspector- General of Police. ......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... 58 DLR (AD) (2006) 13....... Schedule Police-officer Authority Appellate Authority 1 2 3 1 Inspector Inspector-General of Police. Government 2 Sub-Inspector, Assistant Sub- ..

Category: Criminal Law | Date: | Hits: 78

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....es of worship, residential houses, schools, hospitals etc. within two hundred yards of the proposed site of construction of the Cinema hall. So “no objection” certificate issued by the Deputy Commissioner under section 5 of the Cinematograph Act 1918 for setting up a cinema hall in s......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....9/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 against her. She surrendered before the Court on 20-11-1994 and was enlarged on bail. The respondent No.2, a Deputy Secretary of the Ministry of Women and Children Affairs, then by his impugned memo dated 19...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20......ip;…..(10) Lawyers Involved: Tabarak Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Fida M Kamal, Additional Attorney-General (Karuna May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate..

Category: Administrative Law | Date: | Hits: 128

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