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

....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. ......Nos. 1 and 2. Mahbuby Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.14. Respondent Nos. 3-13, 15 & 16—Not represented. Civil Petition for Leave to Appeal No.1728 of 2009. (From the judgment and order dated 28.05.2009 passed by the ......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. ......�……………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and others...........................Respondents Order December 15, 2011. Result: Leave is granted. Lawyers Involved: Bivash Chandra Biswasn, Advocate-on-Record—For the Petitioner. Nurul Islam..

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

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......Rea In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal inte...... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......ain, 17 BLD (AD) 44 = 2 BLC (AD) 16, Nazrul Islam Vs. State, 13 MLR (AD) 184; State of AP Vs. Golokananda, 2004 Supreme Court Cases (Crl)1805; State of Haryana Vs. Bhajanlal, 1992 SCC (Crl) 426. Lawyers Involved: Abdur Razzaq with Md. Belayet Hossain with Imran A Siddique, Advocate - For ..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

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

.... 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. ......ioner was promoted to the post of Project Director and posted at Bagherhat District Office on 13.08.1988 in the same pay scale of Tk. 2800-125-1425 which he was enjoining as Deputy Project Director before getting promotion. He joined his new promoted post on 25.08.1988. Since the petitioner's po...... 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. ......ad Shahjahan and others………………………........Respondents Judgment December 14, 2011. Result: The appeal is allowed. Lawyers Involved: Syed Amir-ul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-..

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

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

....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. .....................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs......the said disinvested Jute Mills, the petitioner made representations to BJMC as well as to the Minister-in-Charge of the Ministry of Jute and at one point of time, he made representation to the Chief Martial Law Administrator (CMLA). The petitioner again made representation to the Minister-in-charge......service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs. AKM Fazlul Karim, 15 BLD (AD) 114. Lawyers Involved: Tofailur Rahman, Senior Advocate instructed by Md. SR Khoshnabish, Advocate-o..

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

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

....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. ......r the Petitioner. None appears - For the Respondents. Writ Petition No.9742 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavit filed by the petitioner be formed part of the main petition. 2. At the instance of the petitioner, IMS Glass Industries ......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. ......; Beximco pharmaceuticals Ltd. Vs. National Board of Revenue in Writ petition No.2876 of 2010; Orascom Telecom Bangladesh Limited Vs. National Board of Revenue, Dhaka and others, 63 DLR 442. Lawyers Involved: Nahid Mahtab, Advocate - For the Petitioner. None appears - For the R..

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

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......rruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corru......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......, 17 BLD (AD) 44 = 2 BLC (AD) 16; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Habibur Rahman Molla Vs. State 61 DLR 1; Tarique Rahman’s case 63 DLR (AD) 18. Lawyers Involved: Rafique-ul-Huq with Moudud Ahmed with AM Mahbubuddin Ahmed and Md. Tauf..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

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. ......wdhury, Advocate-on-Record—For the Petitioner. Md. Aftab Hossain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the ...... 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. ......e of Criminal Procedure is not amenable to the revisional jurisdiction of the High Court Division under section 439 of the Code of Criminal Procedure.........................................(13) Lawyers Involved: Nurul Islam Chowdhury, Advocate-on-Record—For the Petitioner. Md. ..

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

Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)

....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. ......al instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by t......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. ................Petitioners Vs. Saleha Akter................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on..

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

Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)

....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......lationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has been made in Nari-o-Shishu Nirjatan Ain, 2000 for punishment of making false allegation, the provision of Code of Criminal Procedure and Penal Cod......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... Criminal Procedure and Penal Code will not be applicable for committing the offence punishable under section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000……………………………(18) Lawyers Involved: Md. Ekramul Islam, Advocate - For the Appellant. Bivash Chandra Biswas..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ...... Result: The appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully awar......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......titute an offence of rape punishable under section 9(1) of the Ain………………………………………(9) Cases Referred to- 59 DLR 301; 61 DLR 505; 57 DLR 591; 59 DLR 528. Lawyers Involved: Rafiqul Islam Miah with M.A. Shahid Choudhury, Advocates - For the Appellant...

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)

....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ...... One Masud Mahiuddin alias Masud accused Kalabagan P.S. case No.10 dated 24-9-2011 punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and R......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......Accused-Petitioner Vs. State……………….......................................Opposite Party Judgment December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. Zahirul Hoque Zahi..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126

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. ...... decree passed, that cannot be executed and no Court can pass a decree which is unexecutable. 3rd party petitioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the insta......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. ......(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 Sathika Hossain, Advocates—For the Petit..

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. ......1996 corresponding to Gangni Police Station Case No.11(11) 1996, dated 18-11-1996 convicting him under section 19A of the Arms Act, 1978 and sentencing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to t......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. ...... Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16;Sher Ali Vs. State, 46 DLR (AD) 67;Alamgir Hossain Vs. State, 49 DLR 630; Md. Khoka Molla Vs. State, 22 BLD (AD) 229 = 8 BLC (AD) 176. Lawyers Involved: Md. Khurshid Alam Khan with Md. Masud-ul-Haque, Advocates - For the Petitioner...

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....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. ...... the opposite-parties to show cause as to why the proceeding of GR No.176 of 2008 corresponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistrate Court, Dhaka should not be quashed. 2. Brief facts necess......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. ...... 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, Advocate—For the Petitioner. Bashir Ahmed, Assistan..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....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. ......the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001 making the Rule absolute. 2. The respondents herein as writ-petitioners filed the said writ petition before the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the R......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. ...... of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Result: The appeal is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-..

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....... Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced......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.......s. State, 54 DLR (AD) 34; Aminul Huque Vs. Crown, 3 DLR (FC) 519; Khasba Maruti Sholke Vs. State of Maharastra, AIR 1973 SC 2474; Nasiruddin Sarker Vs. Member, Appellate Tribunal, 31 DLR (AD) 310. Lawyers Involved: Nurul Islam Sujan, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... 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. ......e Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall, unless he proves that the offence was committed without his kn...... 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. ......; Syed Mohammad Hashern alias Hashim Vs. State, 48 DLR (AD) 87; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Securities and Exchange Commission Vs. Runa N Alam, 57 DLR (AD) 161. Lawyers Involved: Safayat Sultana Rume, Advocate on behalf of Rokonuddin Mahmud, Advocate&mdash..

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. ......Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others ......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. ......t succeed on the weakness of the defendant. ........... (52) Cases Referred to- Mohaprabhu Ram Vs. Gopal Ram, 42 DLR (AD) 154; Mahaprabhu Ram Vs. Gopal Ram Ram, 42 DLR (AD) 154. Lawyers Involved: Md.Abdus Salam Mondal with Surujit Bhatta-chargee, Advocates—For Appell..

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. ......ing at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession 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) ......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. ......Arms Act ……………………………(35) Cases Referred to- Abdul Hashem Master Vs. State, 44 DLR, 159; Abu Miah Vs. State, 7 BLC, 390; Iftekhar Hasan Chowdhury Vs. State, 47 DLR 451. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Mosharraf Hossai..

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. ...... Ziaul Karim J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Sherpur (briefly as Tribunal), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of ......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. ......LC 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 (AD) 139; Sudhir Kumar Das Vs. State, 60 DLR 261. Lawyers Involved: M.A. Mannan Mahon, Deputy Attorney-General with Md. Mahbub-ul Alam, Assistant A..

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

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