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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…………………………......Supreme Court Appellate Division (Criminal)   Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner......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......to ap­proach the accused person who were armed. In cross-examination he said that he could not say who was/were present when Salam dis­closed the names of his assailants. 14. P.W.7 Dr. Hafez Md. Mahafuzur Rahman deposed that as a Medical Officer of Gopalganj Sadar Hospital on 23.1.1996 he......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

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......sion (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………â€......005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. Bodruduzza, Deputy Attorney-General with ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

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...... Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by the High Court Division in Writ Petition No. 5135 of 2004). Judgment Md. Fazlul Karim J.- This petition for leave to appeal is directed against the judgment and order da...... 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...... 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

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ......rt Division (Special Original Jurisdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J ASM Anayetullah & others.............................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & or......y order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ......sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ..

Category: Property Law | Date: 9 Aug, 2005 | Hits: 4

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....eafter, the minister and Parliament had approved the scheme only to be told at that late stage that the scheme was ultra vires." (The underlinings are mine). 43. In our country, like the United States of America and India, the Constitution is supreme. All three organs of the Republic, owe its ...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Service Trust (Blast)………………………………Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment Augu......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)

....at extent.  13. In the background of the discussions made hereinabove we find merit in the appeals.  Accordingly, the appeals are allowed.  There is no order as to costs.  Ed. ......rt Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J   Executive Engineer, Water Development Board and another...............Appellants Vs. Md. Moktaruddin and others...........................Respondents   Judgment August ......de hereinabove we find merit in the appeals.  Accordingly, the appeals are allowed.  There is no order as to costs.  Ed. ......at extent.  13. In the background of the discussions made hereinabove we find merit in the appeals.  Accordingly, the appeals are allowed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 2 Aug, 2005 | Hits: 84

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...... 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

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....rt Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Sadeque @ Sadequr Rahman………………………… Appellant Vs. State ………………………Respondent Judgment July 27, 2005. Result: Th......High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Sadeque @ Sadequr Rahman………………………… Appellant Vs. State ………………………Respondent Judgment July 27, 2005. Result......; Senu Mia Vs. State, 3 BLC 441; Angur Vs. State, 41 DLR 66; Abu Taker Vs. State, 1991 BLD (AD) 80; State Vs. Monu Mia, 54 DLR (AD) 60; Abul Hossain Vs. State, 46 DLR 77. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate — For the Appellant. Parvin Hannan, Assistant Attorn......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....rdance with law the same cannot be considered giving preference over the voter list……………………(11) Cases Referred to- Arun Kumar Vs. the State, 10 BLT (AD) 40; Aysha Sultana Vs. Shahajahan Ali, 38 DLR 140. Lawyers Involved: Md.......ision (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Azizur Rahman………………………..........Petitioner Vs. Mosammat Nazmun Nahar……………………&helli......he lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ...... Rahman J Masud Rana……………………………………………………Appellant Vs. Customs, Excise and Vat & others………………&hellip......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......……………………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………&he...... Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

.... High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Ashraful Alam (Md.)……................................Petitioner Vs. State.......................................................Opposite Party Judgment July 4......urt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Ashraful Alam (Md.)……................................Petitioner Vs. State.......................................................Opposite Party Judgment ......se is also Reported in: 57 DLR (2005) 718.   ......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....ess Resources Ltd. & ors., 42 DLR (AD) 80; Mvi. Abdus Sobhan Chowdhury & ors Vs. Fazlur Rahman Chowdhury and others, 9 DLR 467; 26 DLR 100; 37 DLR 83; Abu Taher Chowdhury and others Vs. The State, 11 DLR (AD) 2; Ab­dul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 26 DLR (SC) 6. ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being rep­resented by its Vice Chancellor and others…â€...... Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....€¦.Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Hossain alias Rupa vs. Mizanu......2006) 26.......Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Hossain alias Rupa vs. Mizanur Rahman, 2 BLC 509, Moinuddin (Md) vs Amina Khan Majlish, 42 DLR 483, Md. Sirajul Islam vs. Helana Begum and others, 3 BLT 40, Hasibur Rahman (Md) vs. Shakila Begum and o......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......ellip;…………………………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Minist......bsp;       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

..................Petitioners Vs. Deputy Commissioner & ors.............................Opposite Parties Judgment June 19, 2005. Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 19......) 598. ......his Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......gh Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment ......ty and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....ivision (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment June 15, 2......h Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment J....... Ed. This Case is also Reported in: 57 DLR (2005) 513.   ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7