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State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......ed-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... so established they must form such a compete chair what is only consistent with the guilt font is inconsistent with any reasonable hypothesis of innocence.” ................... (74) Law is now well settled that suspicion on or doubt however strong it might be can not take place of ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......titioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- record-For Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a s...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......……………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: The leave petition is dismissed. Lawyers Involved: M. Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......Dhaka. 9. The Chairman, Chittagong Port Authority Chittagong. 10. The Harbor Master Chittagong Port Authority, Chittagong. 11. The Commissioner of Customs Customs House, Chittagong.......Proforma-Defendant. Judgment July 17, 2011. Result: The Suit is dismissed. Cases Referr...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......essers Dada Ltd.; Traders Vs. Bangladesh Textile Mills Corporation and others, 10 DLR 307 and PLD 1957 Karachi 315; Gladstone Wyllie and Co. Ltd. Vs. Shahidi Trading Corporation Ltd. , 10 DLR 307. Lawyers Involved: Md. Mizanul Haq Chowdhury, Adv. With Hasan Mohammed Riyed, Advocate-For the pla..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......twali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank, Tulti...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......o- Abdur Rahman Vs. State, 48 DLR (AD) 167; Tarique Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. State, 44 DLR 342. Lawyers Involved: ASM Abdul Mubin, Advocate - For the Petitioner. Md. Khurshid Alam ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswamber Das, 46 DLR 34; Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441; Zakaria Hossain Chowdhury Vs. City Bank Ltd. and others, 21 BLD 170. Lawyers Involved: Nikhilesh Datta Advocate - For the Petitioner. Mintu Kumar Mondal, Adv..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......it Petition No.8963 of 2010. Judgment Zinat Ara J.- In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.08 of 1995 pending before the Artha Rin Adalat No.2, Dhaka arising out of Money Suit No.26 of 1990. 2. Facts necess......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 2011. Result: The Rule is disposed of. Lawyers Involved: Md. Hedayet Hossain - For the Petitioner. ASM Abdul Razzaque with Fahad..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......nd being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by th......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......nue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia Vs. State (1998) 3 BLC 423; Momtazuddin and another Vs. Yakub Ali, (1994) 46 DLR (AD) 13. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabba..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
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. ......;………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code...... 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. ...... (AD) 69; Sher Ali (Md.) Vs. State, 46 DLR (AD) 67; Alamgir Hossain Vs. State, 49 DLR 630; Abu Taleb Vs. State, 59 DLR (AD) 93; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193 = 37 DLR (AD) 139. Lawyers Involved: Md. Shah Alam Dewan, Advocate—For the Petitioner. Md. Shohrowardi,..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: ......nal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent......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: ..............Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- the appellant. Shah Abdul Hatem, Assistant Attorney General..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: ......he Nari-O-Shishu Nirjatan Daman Ain, 2000 and convicting him thereunder to serve a sentence of 3 years rigorous imprisonment and to pay a fine of Tk. 5,000/- in default to undergo simple imprisonment for 3 months more. 2. The prosecution case, in short, was that the P.W.1 Selina Akter, Office Ass......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: ...... Vs. Azharul Islam, 3 BLD 387; Gopal Chandra Vs. State, 9 BLD 358; Nawsher Mollah Vs. State, 11 BLD (HD) 295, 39 DLR 16; State Vs. Manu Miah, 54 DLR (AD) 60; Abu Taher Vs. State, 1991 BLD (AD) 81. Lawyers Involved: Md. Aminul Hoque with Abdullah-Al-Mahmud Chowdhury, A.F.M. Saiful Karim-For the..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... 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. ...... The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meani...... 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. ......ndra Roy Vs. Probhat Chandra Roy, 51 DLR 504; Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj and others, 41 DLR 168; Jaban Ali and others Vs. Tazir Muhammad and others, 59 DLR 584. Lawyers Involved: Sigma Huda, Advocate - For the Appellant. Mahbubey Alam, Omar Sadat, Md...Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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: ......on of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.2011 (Annexure-A), purporting that the petitioner, amongst others, is non-responsive against “Invitation for Engagement of Seismic Contractor” for conduct of 3100 L Km of 2D seismic survey in Block Nos......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: ...... Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The Rule is disposed of. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Mustafizur Rahman Khan, Advocate-For ..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. ......hich have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass conseq......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. ......hat will mean a preferential right given to public shareholders but the Articles of Association of the Company has not given any such preferential right to any public subscribers. ......... (84) Lawyers Involved: Dr. M Zahir, Senior Advocate with Ashraful Hadi, Advocates—For the Resp..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. ......ushtia Police Station Case No.17 dated 29.1.1991 corresponding to D.A.B. G.R. No.2 of 1991(Kushtia) convicting him under Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one ye...... 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. ......tate, 1962 P.L.D (Dhaka) 623; Gokul Chand Dwar Ka Das Morakka Vs. The King, AIR. (35)(1948)(PC) 82; Abdul Hakim Vs. The State, 45 DLR 352; Syed Mustafizur Rahman Vs. The State, 53 DLR (2001)125. Lawyers Involved: Md. Abu Bakar Siddique- For the appellant. Md. Selim ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......tha Rin Adalat, Bogra, in Artha Rin Case No. 326 of 1994 dismissing the suit. 2. The plaintiff appellant instituted Artha Rin Case No.326 of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that th......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result The appeal is allowed. Lawyers Involved: Md. Rezaul Haque, Advocate-For the Plaintiff-Appellant. Md. Haroon-Ar-Ra..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....stained its supremacy as the embodiment of the will of the people of Bangladesh. The people of Bangladesh had witnessed how their Constitution was made sub-ordinate and subservient to the Martial law Proclamations etc. but they also happily witnessed the ultimate triumph of the Constitution. The peo......or Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by th......and still sustained its supremacy as the embodiment of the will of the people of Bangladesh. The people of Bangladesh had witnessed how their Constitution was made sub-ordinate and subservient to the Martial law Proclamations etc. but they also happily witnessed the ultimate triumph of the Constitut......or-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association Vs. Federation of Pakistan, PLD 2009 SC 879; Re Governor-General's Reference of 1955, VII DLR 1955 (FC) 395. Lawyers Involved: Ajmalul Hossain with Yusuf Hossain Humayan, Senior Advocates and AM Aminuddin..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 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. ......ondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... 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. .............................Respondents Judgment 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 petition..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: ......the Ministry of Education (Annexure-A series). The post of the petitioner was subsequently made permanent vide notification dated 04.11.2003 (Annexure-B). Because of various achievements especially for having academic qualification, professional experience, knowledge about computer and experienc...... 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: ......982)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 (AD) 142. Lawyers Involved Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Ka..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. ...... 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging, inter alia, that in the course of enq......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. ......hellip;…Opposite party 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 t..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
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