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Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....ubmits that the entire case as stated in the FIR and in the charge sheet, if considered in its entirety and be accepted as true, does not disclose any offence under the aforesaid sections of the law. He next submits that, there is no allegations against the petitioner as to how he has illegally......f Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. Khurshid Alam Khan, advoca......on 5(2) of the Act II of 1947 read with sections 420/206/242 and 109 of the Penal Code, now pending in the Court of Divisional Special Judge, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....with the possession of the writ petitioners. 6. Mr. A. F. Hassan Ariff, learned counsel appearing for the Government of Bangladesh submitted:- “a) the High Court Division committed gross error of law in holding that the previous owner of land remains a co-owner of the part acquired vested proper......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ......ity to defend the writ petitioners the appellants cannot evict arbitrarily which is illegal and without lawful authority. c) the committee constituted by the Government although measured the land in order to ascertain the exact location of the writ petitioners' land vis-a-vis the acquired land, but..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....arrants conviction and sentence and the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal miscellaneous......lip;…………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul...... Criminal Miscellaneous Case No.1852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....e backward section of the people from all forms of exploitation.
8. Part III of our Constitution guarantees Fundamental Rights of the people of Bangladesh, such as, among others, equality before law (Art. 27), equal rights of women with men [Art. 28(2)], right to protection of law (Art.31), pro......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals...... and others…………………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and anot..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....o the Janata Bank again for encashment on 08.04.2009 and this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rul......(Panchlaish Zone) under Section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpos..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....in the charge sheet against the accused petitioner is considered in its entirety and taken to be true the same does not disclose any offence against the petitioner under the aforesaid sections of the law. He next submits that, it has been specifically stated in the FIR as well as in the charge sheet......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite Party No.1 (State). Md....... Case No.89 dated 30-9-2007 corresponding to ACC GR No.10 of 2007, now pending in the Court of Special Judge, Court No.7, Sher-e-Bangla Nagar, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....onally avoided to repay the loan amount to the bank and in this way till 31.12.1995 there was an outstanding dues of Tk.1, 53,412/- against the defendant. On 30.07.1996 the plaintiff bank through its lawyer sent a notice to the defendant to make payment of Tk. 1,53,412/-, although the defendant rece...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge,.......12.1995. The plaintiff prayed to the Court to pass a preliminary decree in favour of the plaintiff for an amount of Tk. 1, 53,412/- (including interest and panel interest) and also prayed to pass an order to give all expenses including interest and panel interest to the bank. The defendant conteste..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....imited and the plaintiff being a housewife purchased 30347 share from said Ispahani Limited and became a share holder. Her name was duly registered in the register book. As per the existing law her share holdership still existing. The valuation of each share was at the rate of Taka 10......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ...... Act, 1994 to the Hon'ble High Court Division of the Supreme Court of Bangladesh which was registered as Company matter No.3 of 1997 but afterwards did not press the matter. The plaintiff in order to harass the defendants filed the said application in the wrong forum with no cause of action..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....t No.1 vessel and has no authority to transfer the right on the vessel and as such the owner of the vessel M/S. Doosan Capital Co. Ltd. is not responsible for any liability in any manner under such unlawful agreement between the plaintiff and the defendant No. 2. Since the owner of the defendant No.......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co......lied necessaries of electrical items as per list dated 23-10-2008 for the period of 7-10-2008 to 23-10-2008. The plaintiff also made services as per service report to the defendant No.1 vessel by the order of the disponent owner/charterer the defendant No. 2 which commenced on 30-9-2008 and further ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....tan Daman Ain that sometimes the learned Judges while dealing with those cases become emotional and partisan and Sympathetic to the women. Now a days it is admitted by most the jurists that this very law has been rampantly misÂused and in most of the cases police handles those cases recklessly and ......wyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 o......General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was preÂferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbar..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....ntioned in the marine insurance policy. The defendant No.6 did not supply the specified goods and therefore the plaintiff’s so-called loss is not covered by the insurance policy. The defendant No.4 lawfully refused the claim of the plaintiff. The defendant No.4 further claimed that as the supplier......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne......d, Bangladesh Inland Water Transport Authority (BIWTA), M/S. Sontosh Overseas Freight, Business Services Corporation and Rupali Bank Ltd., as principal defendants and also added defendant No.10 by an order of this Court, dated 14-8-1996, M/S. Atlas Shipping Lines Ltd., as principal defendant whereup..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....ts total receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, the High Court Division, with respect, committed an error of law in holding that the company being engaged in holding that the company being engaged in ‘à¦......(Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J National Board of Revenue and others…………..............Appellants Vs. Lt. Col. Kazi Shahi......e-on-Record-For Appellants. AM Aminuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Appeal No.70 of 2004. (From the judgment and order dated 21st July, 2002 Passed by the High Court Division in Writ Petition No.1953 of 1996) ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub......General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......ral-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....sh Bank relating to the loan of respondent No.5. 2. Facts necessary for disposal of the rule nishi, in a nutshell, as are under: 3. The Petitioners are private companies incorporated under the laws of Bangladesh. Respondent No.5, Blue Bird Export and Import Company Limited is another company .......- I agree. This Case is also Reported in: ......ome other valid reasons. In view of the above, there is no scope of the petitioners being aggrieved by the CIB Report. Therefore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. Th..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....It is not clear what prevented to record her statement immediately after her recovery. Moreover it is apparent on the evidence of the Magistrate that her statement was not recorded in accordance with law and it was recorded on plain paper, not on a prescribed form. Even then if we consider the state......gree. This Case is also Reported in: ...... General-For the respondent. Criminal Appeal No.914 of 1996. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 30.6.1996 passed by the Special Tribunal No.6, Barisal in Special Tribunal Case No.89 of..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ndra Kumar Sinha J Madam Justice Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Padma Oil Company Limited.............Petitioner Vs. Md. Abdus Samad and others………….......Respondents Judgment 7 April, 2011. Result: This ......ner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absence of issuance of letter of indent or work order, and before making any communication of approval for filling station, the writ-petitioner can..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....ladesh and others………….......Respondents Judgment April 3, 2011. Result: The petition is dismissed. Whether writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question......ud Hossain J Muhammad Imman Ali J Kartic Das Gupta…………………………Petitioner Vs. Election Commission of Bangladesh and others………….......Respondents Judgment April 3, 2011. ......aufique Hossain, Advocate-on-Record- For Respondent No.10. None represented-For Respondent Nos.1-9 and 14-16. Civil Petition for Leave to Appeal No. 511 of 2011. (From the judgment and order dated the 15th day of February, 2011 passed by the High Court Division in Writ Petition Nos. 9..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....ue on limitation and decided it in favour of the plaintiffs. The defendants in their memo of appeal did not take any ground on limitation. In such a case, the lower appellate Court committed error of law in raising and deciding the issue of limitation. 12. On perusal of the oral evidence, it appe......nd down the lower Court records. Ed. This Case is also Reported in: ......d was published in the name of Gandola Sheikh, which was the nick name of Meher Mondal. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. The plaintiffs in order to prove their case cited three witnesses, namely, plaintiff No.1 Md. Jahir Uddin as P.W.1, on..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......al-For the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, ......or the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chua..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
.... before the Building Construction Committee. He also stated that the said plan was fake one, which was created by the appellant himself. But, no where in the FIR, informant mentioned any provision of law which has been violated by the appellant. 30. To appreciate the prosecution allegation...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ......; Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal bef..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
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