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

.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......or issuing a further direction directing the accused to appear in the proceeding……(24) Cases Referred to- Masud Vs. State, 3 BLC 107; State Vs. Sarwar Uddin, 5 BLC 451; Delwar Hossain Vs. State, 16 BLC 32; Md. Harun Bepari Vs. State, 5 MLR 395 = 5 BLC 501; Md. Sayem Islam Vs.......esent: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Nazir…………………………......................Petitioner Vs. State…………………………&helli...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus...... in:   ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ...... 9.4.2006 he was led on by Shabuj, the husband’s brother of P.W.1 and he attended the school and found that the headmaster was compelled to sit on another chair. He asked to Madhab (P.W.7) and Abul Hossain to let him know about the ccurrence but they replied that they did not know anything adducin......ported in: ......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... স্ট্রাকচারসহ। 4. In the suit defendant No.1, defendant Nos.4 to 8 and defendant Nos.9 and 10 contested by fil­ing 3 separate written statements. In the appeal, Mohammad Iqbal, son of late Mohammad Ismail, Md. Shawkat Ali Chowdhury, son of late Alhaj-Mohammad ......dan Mohan Vs. Abdus Samad, 32 DLR 176; Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 54 DLR 416; Abdur Rahman Vs. Kheru Malitha and others, 50 DLR (AD) 71; AZM Khalilur Rahman Vs. Md. Syed Hossain and others, 25 DLR 485; Mir Golam Kibria Vs. Rayn Promatha Deb Ray, 39 DLR 586; Kanta and a......h Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Bangladesh Tobacco Company Limited…………………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 20...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ......lt: The Rule is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, Advocate with A.B.M. Altaf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Ju......d Peace for Bangladesh (HRPB), represented by it’s Secretary, Advocate Asaduzzaman Siddique, Hall No. 2, Supreme Court Bar Association Bhaban, Dhaka, Bangladesh....................petitioner Vs. Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, P....... Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Gobinda Chandra Tagore J Human Rights and Peace for Bangladesh (HRPB), represented by it’s Secretary, Advocate Asaduzzaman Siddique, Hall No. 2, Supreme Court Bar Association Bhaban, Dhaka, ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....dvocate with Mustafizur Rahman Khan, Advocate-For the Petitioner. Amir-Ul Islam, Senior Advoate with Nurul Amin, Advocate with Mr. Sheikh Rafiqul Islam, Advocate-For the Respondent No. 8. Mohammad Ashraf Uddin Bhuiyan-For the respondent No.6. Writ Petition No.2005 of 2011. Judgmen......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. ...... and the Managing Director of BAPEX about the aforementioned complaint who also failed to take necessary steps in the matter (Annexure-G). Respondent no.8 on 11.01.2011 raised the said issue to the Secretary, Energy, Mineral Resources Division, Ministry of Power, Energy and Mineral Resources, bu..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......CD) (2013) 336. ......nd inability of the policy holder directors to participate in the company meetings. This Court after hearing the petitioner issued Rule Nisi on 4-6-2007 upon the Chief Controller of Insurance and the Secretary, Ministry of Commerce to show cause as to why they should not be directed to take any step..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

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

.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......ourt Division (Dhaka) (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 20...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ..

Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ...... Nazmun Ara Sultana J   Syed Mahmud Hossain J   Md. Imman Ali J       Monzur Ahmed Bhuiyan & others...........Petitioners Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. ......ken under the said Ordinance by the Truth and Accountability Commission was made without lawful authority and is no legal effect. 3. Initially, the Government of Bangla­desh, represented by the Secretary, President's Secretariat and 4(four) others including the Truth and Accountability Commiss..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - For the res......rred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - For the respondent No.3. Writ Petition No. 4213 of 2010. (An application u......e Court High Court Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Kamal Hossain, Advocate-For the Petitioner. Ms. Farida Yeasmin, Assistant Attorney General-For the R...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 20.........................(9 & 21) Case Referred to- Jagdish Chandra Vs. Commissioner of Transport, (1982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... Judgment May 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid S......ellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Tofail Ahmed…………………………Petitioner Vs. State………………………Opposite part......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......peals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......angladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani Unnayan Kartipakkha……………………..Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

.... Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul Aziz (Md.) and another Vs. State, 2 BLC 630; Mohammad Abdul Khaleque & others Vs. The State, 12 DLR (SC) 165, Shan Khan Vs. The State, 18 DLR......lip;……………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 17...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Abul Hashem.............................Accused-Petitioner Vs. The State…………………………&h......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....ion (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Tayeeb…………………………..App......sp;               ......hellip;……..Appellant (In Civil Appeal No.593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Mini...... Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others………………&..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......ute. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved Yousuf Hossain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahi......cellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Obaidul Kader (Md.)………………………Petitioner Vs. State……………………….Opposite part....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......LR (HCD) (2013) 11.     ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment......plaintiff named Altaf Hossain was examined as the sole witness for the plaintiff and the following documents were admitted into evidence :— i) Dividend notice dated 29-6-1989 signed by the Secretary of the defendant No.1 giving 10% dividend for the year 1988 was marked as Exhibit-1. ..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......Case is also Reported in: 63 DLR (HCD) (2011) 447.......ourt Division (Criminal Appellate Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Hossain Md. Rajib………………………………Accused-Appellant Vs. State………………………….......................Respondent Judgment May......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......rder as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......ain J SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J National Board of Revenue and others…………..............Appellants Vs. Lt. Col. Kazi Shahid Ahmed (Retd.)…….……………...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ...... with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that the Officer-in-charge of Naoapara food godown, Mirza Monwar Hossain was in charge of the said godown from 11.3.1987 to 4.1.1991. He died on 5.1.1991. On his dea...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J A. M. Anwarul Haque……………………………….Appellant Vs. The State…………………………………………………..Respondent Judgment ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200