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

....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. ......d. 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: One Mr. AKM Zayed Hossain Khan, Anti-Corruption Officer, Anti-Corruption Bureau, Bank Branch, Bangladesh, lodged First......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. ..

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

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

....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. ......e court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, 13 BLC (AD) 24; Abul Hossain Vs. State, 55 DLR (AD) 125; Chitta Ranjan Das Vs. Shashi Motion Das, 56 DLR 276=9 MLR 133. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Ju......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. ..

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

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

.... 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. ......…………………Opposite Parties Judgment August 24, 2011. 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 Petit......(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)

....lined provisions that “the seaman’s wages shall continue to run and be payable until the time of the final settlement thereof.” But what has escaped the notice of the learned Advocate Mr. AJ Mohammad Ali is the resolution of the dispute as to payment by the shipping master, a pre-condition ......of Chittagong Port, Chittagong. 2. Mr. Sundoro Liung, Owner of Vessel M. V. Accord, Regent Kent International, Room No. 1202, Capital Plaza, Jardines Bazar, Causeway Bay, Hongkong. 3. Mr. Anwar Hossain, Co-owner of M. V. Accord, Road No. 1, House No. 6, Dhanmondi R/A, Dhaka. 4. Mr. Mich......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...... of salary. The P.W.1 further exhibited a document which reveals that the master of the vessel requested the Commodity International pte. Ltd., to pay the wage of the crew members whereupon the First Secretary of the embassy of Republic of Indonesia, through its letter dated 2.5.2000, requested the ..

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)

....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. ...... 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......itors. Paying no heed, BTRC proceeded with the procuring process and executed formal agreement with respondent No.12 on 5-4-2011. Thereafter, the petitioners filed representation/complaint before the Secretary, Ministry of Posts and Telecommunication followed by an Appeal before the Review Panel of ..

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

Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)

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

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

Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

....afa Kamal an ejahar named witn ss stated thathe knew the victim Fatema Begum. On the date of occurrence, theinformant told him that the appellant had pressed her hands and taken her on his lap. P.W.7 Mohammad Ali, another ejahar named witness stated that he was a businessman at Dalal Bazar. About tw......…………Respondent Judgment 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. Ju......lso 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: ..

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

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

..... 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. ...... Reported in: 9 ADC (2012) 206. ...... 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 2......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh repre­sented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secr..

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

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... Case is also Reported in: 9 ADC (2012) 190. ......ultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others.........................................................R...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

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

....hangir Hossain Howlader Vs. CMM, Dhaka, 58 DLR 106; Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Collector of Customs Vs. A Hannan, 42 DLR (AD) 167; Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 141; Mohammad Brothers Vs. Collector of Customs, 48 DLR (AD) 58; Collector of Customs Vs. AKM Salauddin......arned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... 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....................................Respondents Judgment ...... the instant criminal case will be violative of the principle of double jeopardy and, as such,, the same is liable to be quashed/set-aside. 80. Respondent No.1, Bangladesh repre­sented by the Secretary, Ministry of Home Affairs and respondent No.3 contested the Rule by filing two separate s..

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

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

....ন্ত পথে আছে।” 37. In cross-examination he denied the suggestion that the accused Azizur Rahaman, Yusuf and Azim told nothing about Islam, Quran, Hadith, Prophet Hazrat Mohammad (SM), Hazrat lsa and Jumma Prayer. 38. P.W.29 Hafez Maulana Saker deposed that he is a......istent with all the fact. ……………………………….(82) Cases Referred to- Abdul Razzak Vs. State 51 DLR 87; Mofazzal Hossain Vs. State 58 DLR 524; State Vs. Rafiqullah Khan 7 BLC 480, Ustar Ali Vs. State 3 BLC (AD) 53......t Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgme......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.     ..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

....J Sayed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: ......, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... Sultana J Sayed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

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

.... 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. ......d. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... (Criminal Revisional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party ...... 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. ..

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

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

....o.42 of 1991, was suit for specific performance of a contract. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the ......ases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswamber Das, 46 DLR 34; Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441; Zakaria Hossain Chowdhury Vs. City Bank Ltd. and others, 21 BLD 170. Lawyers Involved: Nikhilesh Datta...... (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. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ed in: VIII ADC (2011) 649. ...... J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repre­sented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ed in: VIII ADC (2011) 649. ......ad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repre­sented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......a Rin Adalat and another……………………………………….Respondents Judgment June 20, 2011. Result: The Rule is disposed of. Lawyers Involved: Md. Hedayet Hossain - For the Petitioner. ASM Abdul Razzaque with Fahad Mahmood Khan - For the Respondent ......urt Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

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. ......al is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ...... 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............................Respondents Judgment June 1......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)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abu Bakkar Lashkar & others…&......e in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ...... others…………………………………………………………Petitioners Vs. Rostam Ali Mondal being dead his heirs: Abu Kalam & others………&hell....... 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 that the sa..

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. ......e is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......sain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another……………………...........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