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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. ......arned Senior Special Judge, Feni in Special Case No.1 of 2007 convicting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruptio......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. ......Respondents Judgment November 20, 2011. Result: The appeal is allowed. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Sheikh Fazle Noor Tapash with Md. Oziullah, Advocates - For the Appellant, ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
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. ......Judgment ANM Bashir Ullah J. - This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the learned Sessions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul conv......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. ......, 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-General with Mahabub-ul-Alam, Assistant Atto..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. ......ation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in th......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. ......e of Karnataka, (1993) Suppl. (4) SCC 59; Laxmidas Morarji (dead) by L.Rs. Vs. Behrose Darab Madan, (2009) 10 SCC 425;Delhi Judicial Service Association Vs. State of Gujarat, (1991) 4 SCC 406. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Ajmalul Hossain OC, Senior Advocate, i..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. ...... upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-emptor fai......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. ...... through post in the absence of the acknowledgement receipt,……………………….(16) Case Referred to- Abdul Rashid and another Vs. Abdur Barek and other, 35 DLR (AD) 162. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Md. Israfil Hossa..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
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: ......eported 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: ........................ Petitioner Vs. Bangladesh and others...................................Respondents Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill Murshid, Advocate-For the Petitioner ABM Altaf Hossain, Depu..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......Appeal No.160 of 2003 reversing the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petit......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit property. ............ (5) Cases Referred to- 8 BLC 179 Lawyers Involved: Mohd Abdullah with Gazi Md. Mohsin, Advocates— For the Petitioner. ..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. ......nt October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of ......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. ......g i.e., since the fund is provided by the World Bank through the local Banks it is not Bank's money, therefore, Bank is not competent to realize the same………………………..(13) Lawyers Involved: M.A. Wadud Bhuiyan, Senior Advocate with Abu Ahmed Akhtaruzzaman, Advocate -..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... 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: ......11.2009 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Narshingdi in Nari-o-Shishu Nirjatan Damon Case No.201 of 2009 rejecting a naraji petition filed by the complainant. 2. Facts relevant for disposal of the appeal, in brief, are that the appellant as complainant filed a petition of comp...... 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: ...... 16, 2011. Result: The appeal is dismissed. Case Referred to- Abul Kashem Khan Vs. State, 56 DLR 435; Nakib Ashraf Ali alias Ashraf Nakib and another Vs. State and another, 14 BLC 527. Lawyers Involved: Mr. Md. Mizanur Rahman, Advocate - For the Appellant. Dr. Rafiqur Rahman wit..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:......alek Khokon who later on demanded Tk. 3,50,000/- as dowry to her with a view to go abroad. On her refusal to pay the accused tortured and assaulted 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 p......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:......r and others……………………………………Appellants Vs. The State …………………………………………………………..Respondent Judgment October 16, 2011. Lawyers Involved: No one appears-For the appellants. M. A. Mannan Mohon, Deputy Attorney Gener..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......dgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently t......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ...... Ramniklal Shah, AIR 2000 SC 380; Abdul Huq Vs. Yehia Khan, AIR 1924 Patna 81; Samptram Vs. Bawo Lal, AIR 1955 Allahabad 24; Zulfikar Mahmud Vs. National University and others, 60 DLR (AD) 40. Lawyers Involved: TH Khan, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
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 Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation pr......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. .........(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, 13 BLC (AD) 24; Abul Hossain Vs. State, 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..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 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 election process of the Managing Committee of a Non-GovernmentEducational Institution?
The local Member of the parliament beinga public representative though can contribute with his opinion as toformulation of public policy in public affairs including the management of Non-GovernmentEducational......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.
......rnalaffairs of the institution. As such his interference in this regard is beyondthe scope of law and such interference is illegal and without lawful authority.................................(8)
Lawyers Involved:
A.B. Roy Chowdhury - For thePetitioner.
S.M.Monir - For the Respondent No.6.
W..
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. ......out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable 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 busi...... 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. ......Judgment August 24, 2011. Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner. Dr. M Zahir with ASM Abdur..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: ......l 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 realization of their unpaid wages and obtained arrest of the vessel MV ACCORD which thereafter u......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: ......rine Mercantile Department, C.G.O Building, Agrabad, Chittagong. Judgment August 8, 2011, August 17, 2011, August 18, 2011 & August 23, 2011. Result: The suits are decreed-in-part. Lawyers Involved A.J. Mohammed Ali, Senior Advocate With Ms. Rubaiyet Hossain, Advocate-For the p..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. ......der the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Chartered Accountant Firms by BTRC for Inspection and Special Audit/Information System Audit of the Telecom Operators in Banglades......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. ......gladesh, 49 DLR (AD) 1=17 BLD (AD) 1; Bangladesh Retired Government Welfare Association Vs. Bangladesh, 46 DLR 426; Ramana Dayaram Shetty Vs. International Airport Authority, AIR 1979 (SC) 1628. Lawyers Involved: Sk Md. Morshed, Advocate with Md. Iftekhar Jonaed, Advocate—For the Pet..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. ......i J. - This appeal, by leave, arises out of judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.9289 of 2007 making the Rule absolute. 2. The facts relevant for disposal of this appeal, in brief, are that the writ-petitioner (respondent No.1 herein), havi......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. ......a-1000..................................Appellant Vs. Md. Hanif and another...................Respondents Judgment August 14, 2011. Result: The appeal is dismissed. Lawyers Involved: Fazle Noor Taposh, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-R..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: ......hishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that re......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: ...... J Md. Rustom Ali and others………………………………Appellant Vs. The State………………….....................................Respondent Judgment August 14, 2011. Lawyers Involved: Muhammad Nazrul Islam with Md. Ahasanullah Chowdhury, Advocates-For the appella..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: ......r in Nari-o-Shishu Nirjatan Damon Case No.23 of 2000 convicting the appellant under section 10(1) of the Nari-o-Shishu Nirjatan Damon Ain and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka 20,000/- in default to suffer rigorous imprisonment for another ...... 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: ....... Ruhul Quddus J Md. Rafique Ullah……………………Appellant Vs. The State………………………Respondent Judgment August 9, 2011. Result: The appeal is allowed. Lawyers Involved: S.M. Shahjahan with Md. Mohinur Rahman, Advocate - For the Appellant. Md. Mo..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. ......ed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioners. J. N. Dev, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2050 of 2010. (From the judgment dated 11.03.1998 passed by the High Cou....... 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. ......;…………Petitioners Vs. Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney Ge..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. ...... power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benche......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. ......ashid Vs. Pubali Bank 60 DLR (AD) 18; Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; Babul Vs. Deputy Commjssion, Noakhali 49 DLR (AD) 111; State of Haryana Vs. Ch. Bhajan Lal, AIR 1992 (SC) 604. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Tania Amir, Advocate instructed by Mah..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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