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

....0 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 Rule so was issued calling upon the opposite-party to show cause as ......ated 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 Rule so was issued calling upon the opposite-party to show cause as to ......ure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitioner shall not be grant­ed on bail and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the p......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)

.... once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......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. ......ain and Taufiq Inam, Advocates—For the Opposite-Parties. Civil Revision No.3126 of 2009. Judgment Sharif Uddin Chaklader J. - This rule by 3rd party petitioners, directed against order No. 15 dated 15-6-2006 passed by the learned Joint District Judge, 1st Court, Mymensingh in Ot......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. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....am Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas V......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. ......n under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No.21 ......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)

....urt below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......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. ......iny and the failure to do so is an offence. Keeping this principal in view there is no hesitation for saying that there is any relation between the complainant and the accused-petitioner. 14. In order to constitute cheating it must be established that someone is made to part with some property ......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)

.... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Re......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. ......dvocate-on-Record-For the Appellants. Israfil Hossain, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Appeal No.136 of 2004. (From the judgment and order dated the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of......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. ..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....………………………………………………………………..Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, AIR 1926 Madras 63......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.......torney-General (with ASM Nazmul Haque, Deputy Attorney-General), instruct­ed by Md. Shamsul Alam, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2008. (From the judgment and order dated 10-5-2006 passed by the High Court Division in Criminal Appeal No.4775 of 2003) Judgm......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)

....ferent from ordinary Criminal Jurispru­dence, that the prosecution has to prove its Case………………… (40 & 41) Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shinepukur Holdings Ltd Vs. Securities and Exchange Commis...... 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. ....... 9. The dealings of the firm indicate manipula­tion within the meaning of Section 17 of the Securities and exchange Ordinance, 1069." 10. The learned Metropolitan Magistrate by an order dated 2-4-1996 took cognizance into the case against the accused-petitioners and another under......nd Exchange Commission Ordinance, 1969. 11. On coming to know about the said fact of taking of cognizance the petitioners voluntarily sur­rendered before the High Court Division and obtained anticipatory bail and they are now on bail. 12. The case being ready for trial the case record ..

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)

.... This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......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. ...... No.2 of 1973-74 with a prayer for setting-aside the aforesaid sale and in the said Miscellaneous proceeding 2 of 1973-74 the Cer­tificate Officer having heard both sides, allowed the same by his order dated 30-2-1974 setting-aside the sale in auction held on 29-10-1964 in Certificate Case No.18......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)

.... IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying 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 f......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. ......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. ......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. ..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. Cases Referred to- State Vs. Aynul Huq, 9 MLR 393 = 9 BLC 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 ......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. ......ntemned-prisoner. 2. By the Criminal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legal­ity and propriety of the Judgment and order of con­viction and sentence dated 17-4-2006 passed by learned Judge of Tribunal, in Nari-o-Sh......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. ..

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

Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

.... DLR (AD) 290. Lawyers Involved: Sheikh Fazle Noor Tapash with Md. Oziullah, Advocates - For the Appellant, Md. Khurshid Alam Khan, Advocate - For the Respondent No.2 - ACC. Ms. Beadura Ansary Assistant Attorney-General with Ms. Khairun Nessa Assistant Attorney-General - For the ......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. ......Criminal Appeal No.4690 of 2009. Judgment Obaidul Hasan J.- This appeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of convic­tion and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Fe......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)

....chatting in the tin shed house of Yunus Ali. At 11-30 PM of the night Yunus Ali and Shahabuddin went out of the house leaving informant and Atiar Rahman and while Yunus Ali was out side of his house had perceived the presence of two strangers in the back of his house and on his query they fired gun ......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. ......ed Sessions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the judgment and order dated 6-2-2006 passed in Session Case No.65 of 2001. Criminal Appeal No.1962 of 2011 and Jail ......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)

....l Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result......cation of frequency as per rules/law as early as possible." 20. To our utter surprise upon such distorted presentation of the judgment of the Apex Court the appellants having obtained Rule and interim order of stay in Writ Petition No.4600 of 2004 finally got the Rule made absolute. In view ......n regarding causes or the circumstances in which power is to be exercised. The exercise of such power is left completely to the discretion of the Appellate Division and it has the power to pass any order or decree in the inter­est of justice. This powers are inherent and are complementary to 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. ..

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)

.... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali...........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. ......-on-Record-For the Appellant. Md. Israfil Hossain, Advocate instructed by Mrs. Sufia Khatun, Advocate-on- Record-For Respondent. Civil Appeal No.28 of 2005. (From the judgment and order dated 15th July, 2002 passed by the High Court Division in Civil Revision No.4631 of 1998). ......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. ..

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: ......ation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. Averments figured in the petiti......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)

....a is the younger brother of informant Arun Kumar Saha. Tarun Kumar Saha used to purchase and sell the foreign articles collecting from the person who used to come at Dohar and Nobabgonj area from abroad. Accused Matiur Rahman @ Mati used to do the same type of business like the deceased as such ther......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.   ...... and Sessions Judge, 8th Court, Dhaka for confirmation of sentence of death awarded by him upon accused Matiur Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as project......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)

....t High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J  Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..O......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......he suit land. Accordingly notice was served upon the opposite-party i.e. Department of Forest for appearing at the time of demarcation. Thereafter that the Sreepur Thana Land Officer passed necessary order as well as took necessary step for giving demarcation and accordingly that on 23-4-1981 that t......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....s enforceable by the High Court Division for a number of reasons. Firstly, because the decision that was taken did not reach finality for want of approval of the Ministry of Finance. Secondly, Bangladesh Bank did not give its clear­ance in respect of write off of the entire loan spe­cially the......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. ......write off. …………………….(12) Abuse of process of the Court The scenario of this case provides a glar­ing example of abuse of the process of Court by an influential person in order to avoid huge liability he admittedly owes to the Bank in the form of loan taken in the name ......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. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

....-o-Shishu Nirjatan Damon Tribunal, Narshingdi against the respondents alleging inter alia, that his daughter Ibana Akhter Sumi was a minor girl and a student of class-IX at Karimganj Darul Ulum Alim Madrasah within the police station of Raipura. The respondents were unruly young men of the area and ...... 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: ......Criminal Appeal No. 8124 of 2009. Judgment Md. Ruhul Quddus, J.- This appeal at the instance of a complainant is preferred under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 against order dated 2.11.2009 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Narshingdi in Nari-o-Shis...... 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)

....one A. Malek Khokon alleging that on 01-04-2003 his daughter Halima Khatun was married with accused No.1, Abdul Malek 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 ......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:......t Attorney General -For the respondent. Criminal Appeal No. 826 of 2005 Judgment Syed Md. Ziaul Karim J.- By this appeal, the accused-appellants have challenged the legality and propriety of order dated 23-02-2005 passed by learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal No.4, Dhaka ......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