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Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......lved: Sheikh Fazle Noor Tapash with Md. Oziullah, Advocates - For the Appellant, Md. Khurshid Alam Khan, Advocate - For the Respondent No.2 - ACC. Ms. Beadura Ansary Assistant Attorney-General with Ms. Khairun Nessa Assistant Attorney-General - For the State. Criminal Appeal No.4......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....ature. He proved the post-mortem report and his signature on it, marked as Exhibits 4 and 4/1. There was no cross-examination of P.W.11 by the defence. 22. P.W.12 and the last witness police Sub-Inspector MA Latif stated that on 9-11-1998 he was posted at Gangnee police station, Sayeed Ahmed th...... 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-General with Mahabub-ul-Alam, Assistant Attorney-General with Delwara Begum (Bela) Assistant Attorne......ort, 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 district Meherpur. They were chatting in the tin shed house of Yunus Ali. ......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)

....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. ...... Involved: Rafique-ul Huq, Senior Advocate with Ajmalul Hossain OC, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. Mahbubey Alain, Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No.1. Md. Zohirul......requency allocate; to the appellant-company; that accordingly, the frequency was cancelled and some equipments were seized and General Diary (GD) No.1415 dated 20-11-2009 was lodged with the Badda Police Station and those equipments were kept under the police custody. 9. The respondents fur...... 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..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

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

....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: ...... Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill Murshid, Advocate-For the Petitioner ABM Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No. 9988 of 2010. Judgement AHM Shamsudd......truction, Development, Preservation and Eviction) Rules 2008 and Section 12(c) of the Antiquities Act, 1968. 7. The custodian of the Fort has sent a letter to the Officer-in-Charge of Lalbagh Police Station for action to stop the on going construction work, but no action has been taken by t......ed 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.   ......LR (AD) 95; Nurul Islam Vs. State, 8 BLD 106; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Ayesha Flora, Advocate—For the State defence Lawyer. MA Mannan Khan, Deputy Attorney-General with Mahbubul Alam, Assistant Attorney-General with Delwara Begum (Bela) Assistant Attorney-......occurrence for the appearance of the local people without taking the said money. Informant Arun Kumar Saha narrating the above facts lodged the First Information Report (in short, the FIR) with Dohar Police Station on 1-8-1993 and accordingly Dohar Police Station case No.1 dated 1-8-1993 correspondi......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

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ...... ............ (5) Cases Referred to- 8 BLC 179 Lawyers Involved: Mohd Abdullah with Gazi Md. Mohsin, Advocates— For the Petitioner. ARM Hasanuzzaman, Assistant Attorney-General—For the Opposite Parties (State). Civil Revision No.1793 of 2005 Judgment ......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J  Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others ………………………&helli..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

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

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

Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

....ned Judge of the Tribunal examined the complainant and directed the police to enquire into the matter and submit a report within seven days by his order dated 3.5.2009. In compliance therewith, a Sub-Inspector of Police, Raipura Police Station enquired into the matter and submitted a report with a f...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......) protested their activities, respondent No.1 Raqib Mia dealt him a dao blow causing bloodily injury on him and fracture of his knee-cup. For the latter occurrence, the complainant had lodged Raipura Police Station Case No. 11(4)2009, which was pending. 4. On receipt of the said complaint, learne...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199

Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)

....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment October 16, 2011. Lawyers Involved: No one appears-For the appellants. M. A. Mannan Mohon, Deputy Attorney General with Md. Mahbub Ul Alam, Assistant Attorney General, Md. Bashir Ullah, Assistant Attorney Ge...... her. Subsequently the accused murdered his daughter for the cause of dowry. Then the accused gave out a story of committing suicide by hanging. The petition of complaint was referred to the local Police Station wherein it was recorded as Badda Police Station Case no. 30 dated 17-09-2003 correspo......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148

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. ......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. ......his Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the initiation of process by the Chief Metropolitan Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule......……………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 ..

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. ......ate, 55 DLR (AD) 125; Chitta Ranjan Das Vs. Shashi Motion Das, 56 DLR 276=9 MLR 133. Lawyers Involved: No one appears—For the Accused-Petitioner. KM Zahid Sarwar, Deputy Attorney General with Khondker Modarresh Elahi, Assistant Attorney General with Nowazish Ara Begum, Assistant......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. ......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

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

....of parliament, on 15-2-2011 to postpone theschedule for election to be held on 19-2-2011. who made a request to therespondent No.1 to postpone aforesaid election and as such the respondent No.4School Inspector of respondent No.1 by the impugned memo dated 15-2-2011, on andirection of respondent No.6......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. ......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. ......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. ..

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

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. ......)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner.  Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite Party No.2.  KM Zahid Sarwar, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.28908 of 2009. Judgment Siddiqur Ra...... 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. ......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..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....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: ......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: ......king Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port Authority, Ban......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 ..

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. ......e (3) of Rule 60, the contention that the decision of the Review Panel is contra­dictory is misconceived and has no substance. 7. As against this, Mr. Murad Reza, learned Additional Attorney-General (appearing in personal capacity), appearing along with Mr. Khandaker Reza-e-Raquib, Mr. Imra......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. ......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 ..

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

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

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ....................Respondent Judgment August 14, 2011. Lawyers Involved: Muhammad Nazrul Islam with Md. Ahasanullah Chowdhury, Advocates-For the appellants. Nazibur Rahman, Deputy Attorney General-For the respondent. Not represented- respondent No.2. Criminal Appeal No. 8196 of 200......e was fixed for trial on 9.11.2008, when the appellants filed an application under section 344 of the Code of Criminal Procedure for staying all further proceedings of the case till disposal of Badda Police Station Case No.13(6)07 pending before the Chief Metropolitan Magistrate, Dhaka and Title Sui......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91

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

.... 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: ......dgment 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. Judgment Md. Ruhul Quddus J......aka 20,000/- in default to suffer rigorous imprisonment for another six months. 2. Facts leading to this appeal, in brief, are that the informant Md. Salim (P.W.1) lodged an ejahar with Lakshmipur Police Station on 9.5.2000 alleging inter alia that his daughter Fatema Begum (P.W.2) was a student ...... 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. ...... Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum, Advoc....... 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. ...... (Civil) Present: Surendra 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 Repu..

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

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

....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......ion approved the views taken in MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR(AD) 206 and Nasar Ahmed Vs. Bangladesh, 49 DLR(AD) 111 observing, 'the contention raised by the learned Attorney-General that writ peti­tion filed by the respondent challenging the proceeding in the aforesaid sp......e in the following terms: "Issue a Rule Nisi calling upon the Res­pondents to show cause as to why all fur­ther proceedings/investigation of GR Case No.915/2008 corresponding to Joydepur Police Station Case No.53 dated 14-8-2008 now pending in the Court of Chief Judicial Magistrate, Ga......bdul 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 July ..

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