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

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. ......(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......Judgment December 1, 2011.  Result: The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on th..

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

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

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. ...... 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-......strative Tribunal was also neither taken in the affidavit-in-opposition nor at the time of hearing of the Rule and also in the leave petition and the concise statement. According to the provisions of Order XX, rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 the appellants ..

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

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. ......; 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...... 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. ..

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

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. ......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......neral and Md. Asaduzzaman, Assistant Attorney-General - For the State.  Criminal Appeal No.4053 of 2003. Judgment Md. Enayetur Rahim J.- This Appeal is directed against the Judgment and Order dated 29-9-2003 passed by the learned Judge of Druta Bichar Tribunal No.2, Dhaka in Druta Bich..

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. ......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...... By the Criminal Appeal No.1712 of 2006 convict-appellants namely 1 Mosammat Hosneara Begum, 2 Md. Mizanur Rahman, 3 Md. Arif have also challenged the legality and propriety of the above Judgment and Order of conviction and sen­tence, convicting them under sections 201, 34 of the Penal Code and sen..

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

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. ......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, ......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)

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

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. ...... 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......site party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served 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 wh..

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: ........................ 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......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: ..

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.   ......er Vs. State 42 DLR (AD) 253; Abdul Quddus Vs. State, 43 DLR (AD) 234; Abdul Hai Sikder Vs. State, 12 BLD (AD) 180=43 DLR (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 Kha......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.   ......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. ......sides 3 P.WS. and 1 D.W. deposed supporting their respective side. The Trial Court framed 5 issues and only issue No.2 was decided independently but the rest were decided collectively in violation to Order XX Rule 5 of the Code of Civil Procedure. In sifting the statements of the witnesses the Trial..

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. ......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 -...... writ petition. The petitioner, he further contended, filed additional written statement in the suit where­in the same issue as is raised in this writ petitions is raised and an application under Order VII Rule 11 of the Code of Civil Procedure was filed for rejection of plaint exactly on the s..

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: ...... 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...... 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:......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......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