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Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
....o GR No.507 (2)2001 under sections 302/201/34 of the Penal Code, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's father lodged ejahar with the Jamalpur Police Station stating, inter al...... ......or the Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. Criminal Appeal No.26 of 2006. (From the judgment and order dated 11th April, 2004 passed by the High Court Division in Criminal Miscellaneous Case No.981..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: ......etition. 4. The Magistrate heard the matter, and as the alleged offence was triable by a Nari-o-Shishu Nirjatan Damon Tribunal, advised her to approach the Tribunal and thus filed the case by his order dated 28.9.1996. Subsequently on an application filed by the complainant, the Magistrate sent ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....inal Revision No.367 of 2011, arising out of Shahbagh police station Case No.48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revision No..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
......
Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
......
Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
Jud..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..............ppellants arises out of the judgment dated 21-4-2003 passed by a Single Bench of the High Court Division in Civil Revision No.1097 of 1998 discharging the Rule upon recalling its earlier judgment and order dated 19-8-2002 making the Rule absolute and thereby affirming the judgment and decree da..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....ns 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sessions...... ......-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be said that in passing the impugned judgment and order the learned Sessions Judge did not commit any error or illegality ............. ................Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....ad took back the khas possession of the suit land and the suit land remained in the khas possession of the defendant No.1 and the defendant No.1subsequently leased out the suit land to defendant No.2 lawfully. The learned Counsel has argued to the effect also that there are sufficient evidence on re......hamsul Huda J Chittagong Zilla Parishad represented by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: ...... Dr. Rafiqur Rahman, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by the High Court Division in Civil Revision No.1425 of 1996.) Or..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....r …................Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved ......zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu......, which was challenged by the plaintiff by filing a Writ petition being No. 1834 of 1997, before this Hon’ble Court and after hearing the parties, the Rule was made absolute by the judgment and order dated 05.08.2007.
6. The plaintiff filed an application on 23.10.2005 to the defendant No..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....that Rokeya Begum executed an agreement in respect of the suit property but the defendant could not produce the existence of such agreement. It is finally argued that the High Court Division erred in law in remanding the suits for fresh trial in failing to consider that a remand cannot be passed as ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others.........rd—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High Court Division in First Appeal No.611 of 2000 with First Ap..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....er by the Government as enemy property unless there is formation of opinion to that effect, as such, the impugned judgment and order passed by the learned Joint District Judge without consultation of law, is liable to be set-aside. 10. Mr. AJ Mohammad Ali, learned Advocate, relied on the case o......) (2013) 124. ......ecreed. Learned Advocate further submits that no property can be taken over by the Government as enemy property unless there is formation of opinion to that effect, as such, the impugned judgment and order passed by the learned Joint District Judge without consultation of law, is liable to be set-as..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....High Court Division and submitted that the imported machineries are contraband items and liable to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for release of the imported machineries. It is further urged that on similar questi......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. Equity Constru......bdul Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2259 of 2010. (From the judgment and order dated 21.10.2009 passed by the High Court Division in Writ Petition No.3137 of 2009.) Ord..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....Justice that nothing in the Criminal Procedure Code does so limit or affects its inherent power…………………………………..(14) The Courts exist not only for securing obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent p......……………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent ...... do not disclose an offence, at all, or that evidence adduced in the case discloses no offence as in that event, the process of the Court can be said to have been abused. One of the tests to apply in order to determine whether any particular case is of that exceptional nature sufficient to convince ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....ents have been called upon to show cause as to why the attempt to change the historical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, without lawful authority and hence, is of no legal effect. 2. Facts, in brief, are that the petitioner ......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An......e construction of temporary shops by taking toll. It has been alleged that before taking the said initiatives no advertisement or tender process had been made and had kept the whole process secret in order to follow the toll procedure. Under the said pressing situation the petitioner made another re..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....Science and Technology University in the session of 2011 and thereby staying the Memo No.(UGC/Admin/paboishwa/402 (Tadanto)/08/8200 dated 29-9-2011, should not be declared to have been issued without lawful authority and is of no legal effect.
2. Facts leading to the issuance of this Rule, in s...... in: 18 BLC (HCD) (2013) 166.
......tated that though the UGC was supposed to form a 7 member committee which was to submit their report within 7(seven) days from 20-10-2011 but the said 7 member committee was formed lately vide office order dated 25-10-2011 and till dated no report has been submitted and even not a single meeting was..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....on upon hearing the parties by the impugned judgment made the rule absolute and declared the enlistment of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in ......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners
Vs.
......d by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the High Court Division in Writ Petition No.1712 of 2011.)
Orde..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Cou...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe...... no explanation coming from the plaintiff why leased deed was not executed and registered for this long 30 years. The appeal has no merit. In the result, the appeal is dismissed without any order as to cost. Civil Rule No.1022 (F) of 2005 is accordingly discharged. Send down the lower..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d......ers.
Mahmudul Islam, Senior Advocate instructed by Mrs, Sufia Khatun, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No.46 of 2010.
(From the judgment and order elated 08.10.2009 passed by the High Court Division in Civil Revision No.314 of 2005.)
Ju..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....h Court Division in Criminal Revision Nos. 575, 576, 577and 578 of 2009). Judgment SK Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed of analogously. The ques......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahidur Rahman Khadem...............Petitioner (In all the cases) Vs. State and others……………………….......Respondent ......q, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by the High Court Division in Criminal Revision Nos. 575, 576, 577and 5..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... provide the same privilege to other high profile state dignitaries above serial No. 13 of the Warrant of Precedence, as appears from Annexure- A, should not be declared to have been taken without lawful authority and is of no legal effect, as the same is violative of Articles 29 and 31 of the C......orted in: ......cted to withdraw their decision of automatically upgrading any person of their choice without considering the case of the dignitaries, if any, available in the passenger list of the said flight, in order of the hierarchy as set out in the Warrant of Precedence. 2. In the writ petition it is..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....fic performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, any such property." 7. On a reading of this law it appears that the aforesaid law before amendment government was impleaded as proforma def...... Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment Marc...... by plaintiff of Title Suit No.11 of 2005 filed for specific performance of contract, against principal defendants-appellant of Appeal from Original Decree No.6 of 2009, directed against judgment and order dated 25-4-2011 passed by the learned Joint District Judge, 2nd Court, Gazipur allowing Miscel..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
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