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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. ...... 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)

....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. ......ent as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..

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……………………………………………………………………………......nclined to attach much importance to the act of abscond­ing, treating it as a very small item in the evi­dence for sustaining conviction." 26. Similar views have been expressed by this Division. Shahabuddin Ahmed, J in State Vs. Lal Miah, 39 DLR (AD) 117, while agreeing with the majority view a......MLR (AD) (2012) 253; 9 ADC (2012) 520...

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. ...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..

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. ......ss of the defendant. ........... (52)   Cases Referred to- Mohaprabhu Ram Vs. Gopal Ram, 42 DLR (AD) 154; Mahaprabhu Ram Vs. Gopal Ram Ram, 42 DLR (AD) 154. Lawyers Involved: Md.Abdus Salam Mondal with Surujit Bhatta-chargee, Advocates—For Appellants. Fazlul Haque..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Enayetur Rahim J Sheikh Md. Zakir Hossain J Nurul Islam (Md.)…………………………..Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Re......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

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......secution case, as projected in the FIR and also unfurled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the informant and P.W.1 Md. Harwnur Rashid along with AtiarRahman and Shahabuddin came into the house of Yunus Ali at village Sohgalpur under Police Station Gangnee of di......ed of by this common judgment. 2. The prosecution case, as projected in the FIR and also unfurled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the informant and P.W.1 Md. Harwnur Rashid along with AtiarRahman and Shahabuddin came into the house of Yunus Ali at villag..

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. ......from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..

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. ......owever, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..

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.   ......low at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ..

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.   ......sp;     This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ..

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. ......e Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..

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

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......in CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Respondents Judgment October 11......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......ismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

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. ......ourt 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

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

....he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ......5. ......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ...... ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

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. ...... 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. ..

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: ...... 6.4.2000 6,6(a) Fax copy dated 2.5.2000 14. On the other hand the defendant No. 2 Mr. Sundoro Linng through his learned Advocate Mr. M. Moksadul Islam examined one Md. Aftab Hossain as D.W.1 who stated in his examination-in-chief that he has the power of attorney ..

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. ......BLD (AD) 1; Bangladesh Retired Government Welfare Association Vs. Bangladesh, 46 DLR 426; Ramana Dayaram Shetty Vs. International Airport Authority, AIR 1979 (SC) 1628. Lawyers Involved: Sk Md. Morshed, Advocate with Md. Iftekhar Jonaed, Advocate—For the Petitioners. Murad Reza,..

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. ......ppeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..

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