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Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....cial Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Services Trust (BLAST)................................Petitioner Vs. State and four others................................Respondents Judgment April 27, 2006....... (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Services Trust (BLAST)................................Petitioner Vs. State and four others................................Respondents Judgment April ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

.... Rabya Khatun…………………………………………………..Petitioner Vs. The State and another…………………………&he...... Chowdhury J Rabya Khatun…………………………………………………..Petitioner Vs. The State and another……………………&helli......led to appreciate the de­cision in the case of Abdur Razzaque Taluk­der. In that reported case, the prosecution has produced 2(two) seizure list witnesses Shahjahan Chowkider (P.W.2) and Abul Kalam Mridha (P.W.3), and though they have not collaborated the prosecution story of recovery of the...... Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR 159; Mati Miah Vs. The State, 44 DLR 554; Sirajul Islam (Md.) Vs. The state, 48 DLR 301; Abdur Razzaque Talukder Vs. The State, 51 DLR 83; Bashar Shaikh Vs. The State, 51 DLR 252; Moshfiqul Islam @ Balu V..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....igh Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006. Result:......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Ershadul Vs. State, 2006, 35 CLC (HCD)

....adul………………………………………………………Appellant Vs. The State……………………………&hellip......y J Ershadul………………………………………………………Appellant Vs. The State…………………………&h......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..

Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5

Nazim Vs. State, 2006, 35 CLC (HCD)

....e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J Md. Abu Tariq J Nazim………………….......Appellant Vs. State………………….......Respondent Judgment March 29, 2006. Result: Th...... ......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ..

Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....Court. 11. Mrs. Rubaiyat Hossain, learned Assis­tant Attorney General appearing on behalf of the petitioner, submits that according to Rule 22 Register VIII, Chapter-3 of the Govern­ment State Manual, 1958, the lands of two plots could not be leased out to the plaintiff and as such, the...... (Civil Jurisdiction) Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opp......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)

....d. Abdul Quddus J Md. Abdul Hye J Ms. Ok Kyung Oh, daughter of Mr. Man Ho Oh, present resident of House No.25, Road No.27, Sector 7 Uttara Dhaka-1230..................Appellant Vs. 1. The State, represented by the Deputy Commissioner, Gazipur, 2. Mr. Bo Sun Park Son of Mr. Tae Young P...... Present: Md. Abdul Quddus J Md. Abdul Hye J Ms. Ok Kyung Oh, daughter of Mr. Man Ho Oh, present resident of House No.25, Road No.27, Sector 7 Uttara Dhaka-1230..................Appellant Vs. 1. The State, represented by the Deputy Commissioner, Gazipur, 2. Mr. Bo Sun Park Son of M......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84

Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)

....Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Delwar Hossain…………………Petitioner Vs. The State, represented the Deputy Commissioner, Narayanganj & another …..Respondents Judgmen...... Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Delwar Hossain…………………Petitioner Vs. The State, represented the Deputy Commissioner, Narayanganj & another …..Respondents......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..

Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

.... Supreme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Kishore Kumar Dutta……………………………Appellant Vs. The State……………………………................Respondent Judgment February 20, 200......(2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sheikh Rezowan Ali J Md. Abu Tariq J Rafiqul Islam (Md.) ………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgmen...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sheikh Rezowan Ali J Md. Abu Tariq J Rafiqul Islam (Md.) ………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....not the substantive evidence. The evidence given by the doctor in the Court on oath is the substantive evidence…………………(23) Cases Referred to- Nazrul Islam Chowdhury Vs. The State, 19 BLD (AD) 18; Abdul Hakim Vs. The State, 45 DLR 352; M. Alam Chowdhury and 9 others Vs. The......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment Febru...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

.... evidence both oral and documentary in their true per­spectives and also misunderstood the munici­pal law that the mortgage could be redeemed within 60 years of refusal and section 95A of the State Acquisition and Tenancy Act was not applicable in the present suit. He finally submitted that ......an Bhuiyan J Moju Bibi and others……………………………………………….Petitioners Vs. Abdul Aziz and others……………………&helli...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....ppeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes prop...... No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgme......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......al Jurisdiction) Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Partie......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......rd, rep­resented by its Chairman Vs. Syed Moazzem Hossain and others, 15 BLD (AD) 239; Sufia Khanam Chowdhury Vs. Faizun Nessa Chowdhury, 39 DLR (AD) 46; Province of East Pakistan Vs. Abdul Latif Talukder and another, 22 DLR 589; Sarder Ahmed Ali Vs. G.M. Ali Baksh, 4 BLD 309; Aziza Nilufa Begu..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d the Appellate Division Judgment here . Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das………………â...... High Court Division (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner Vs. The State……………………………&hellip......ssir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner Vs. The State…………………………......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....diction) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Jabbar and others………………………………………………………..Appellants Vs. The State…………………………………………………………………….Respondent ......Appellate Jurisdiction) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Jabbar and others………………………………………………………..Appellants Vs. The State…………………………………………………………………….R......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....otecting Foreign Investment under International Law-Legal Aspects of Political Risk" by Poul E. Comsavy and N. Stephen Kuisella, for the proposition that although International law does not require a State to allow the establishment of foreign direct investment (unless required by a treaty), once a ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and othe...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....High Court Division for protection of their fundamental right even though an alternative remedy is available and then he referred to 54 DLR (AD) 88 and submits that where financial interest of the State is involved transparency of the decision making authority is a recog­nised matter. The judic......urisdiction) Present: Syed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communi......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....Present: AKM Fazlur Rahman J Syed Md. Ziaul Karim J Raqib Sheikh (Md.)…………………………..Convict-Appellant Vs. State……………………………&hellip......on) Present: AKM Fazlur Rahman J Syed Md. Ziaul Karim J Raqib Sheikh (Md.)…………………………..Convict-Appellant Vs. State…………………………&helli......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568.     ......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568.     ..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1