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

....J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and oth­ers...........................Respondents Order December 15, 201......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and oth­ers...........................Respondents Order Dece......ith as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......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. ..

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

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

....vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........A...... Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........Appellant Vs. Mohammad Shahjahan and others…………………&helli...... this annexure-A reads: "On successful completion of training at the BARD, Comilla the Integrated Rural Development Programme, Bangladesh is pleased to appoint Mr. Mohammad Shajahan, son of Abdul Hakim Mia, Village-.........., P.S. (Illegible), P.O. Kalaiya, District-Patuakhali, to act as ...... 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. ..

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

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

.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman an...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 1......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 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. ..

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

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

....inal Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents Judgment Dece......sion (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents ......with it and the supplementary affi­davits carefully. From the supplementary affi­davit filed by the petitioner dated 11-5-2010 it appears that the engaged Advocate of the peti­tioner-company Mr. Abdul Kader Shukkur who was pursuing the case in question died on 16-8-2004 and after his death th......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. ..

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

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. ......hmud Hossain J Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)…………………........Petitioner Vs. State and another...........................Respondents Judgment  December ......Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... 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. ..

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

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 ......d. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......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. ..

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

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ourt Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Husne Ara Begum and another...................3rd Party Petitioners Vs. Saiful Alam (Md.) and others.............Plaintiff Opposite-Parties Judgment Dece...... be added as necessary party……..(9,10,11) Cases Referred to- Nurul Islam Vs. Jamila Khatun, 53 DLR (AD) 45; Ezahara Miah Vs. Shaher Banu, 49 DLR (AD) 85; Nurun Nahar Begum Vs. Abdul Khaleque Coukider, 43 DLR (AD)107. Lawyers Involved: AJ Mohammad Alt, Advocate with ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

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. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. R......………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 B......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)

....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......the charge-sheet on the basis of confessional statement is baseless and proceeding against the accused petitioner is purely abuse of the process of the law.......... (12) Cases Referred to- Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39. Lawyers Involved: Delwara Habib, Advocat......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)

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

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……………………………………………………………………………......ed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, AIR 1926 Madras 638; Kallam Narayana Vs. Emperor, AIR 1933 Madras 233; Abdul Ghani Vs. State of Uttar Pradesh, (1972) SCWR 83 (843); State Vs. Khasru, 43 DLR (AD) 182; Gir......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...

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......tend different from ordinary Criminal Jurispru­dence, that the prosecution has to prove its Case………………… (40 & 41) Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shinepukur Holdings Ltd Vs. Securities and Exchang...... 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. ..

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......alat, Sylhet impleading the appellants along with others as defendants seeking a decree for declaration of title and for a further declaration that three kabalas one dated 18-11-1974 execu­ted by Abdul Hashem in favour of Chand Miah the defendant No.1, registered kabala dated 2-12-1974 executed ......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. ..

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......ion over the spot or that none else has excess to it, cannot make him liable for conviction under Section 19A and 19(f) of the Arms Act ……………………………(35) Cases Referred to- Abdul Hashem Master Vs. State, 44 DLR, 159; Abu Miah Vs. State, 7 BLC, 390; Iftekhar Hasan Chowdhury......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. ..

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

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......2) 291. ......ail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. Cases Referred to- State Vs. Aynul Huq, 9 MLR 393 = 9 BLC 529; Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Mutaleb Howlader Vs. State, 5 MLR (AD) 92 = 6 BLC (AD) 1; Dipok Kumar Sarkar Vs. State, 40 DLR......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

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......tate, 11 BLC 688; State Vs. Rafiqullah Khan, 7 BLC 480; State Vs. Shahjahan, 7 BLC 503; Mirashuddin Vs. State, 7 BLC 343; State Vs. Monjur, 15 BLD 193; Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253; Abdul Khaleque Vs. State, 49 DLR 577. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-G......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. ..

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......his Case is also Reported in: 65 DLR (AD) (2013) 253. ......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. ..

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......ost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......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. ..

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......tness if such evidence is full, complete, self contained and trustworthy. ............ .....(32) Cases Referred to- State Vs. Giasuddin, 51 DLR (AD) 103;Abu Taher Vs. State 42 DLR (AD) 253; Abdul Quddus Vs. State, 43 DLR (AD) 234; Abdul Hai Sikder Vs. State, 12 BLD (AD) 180=43 DLR (AD) 95;......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.   ..

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