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Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

.... Sonali Bank, District Head Quarter Branch on 29.10.2006. This time the cheques were also dishonored by marking insufficient fund. In this situation the complainant again served notice by his learned Advocate on 02.11.2006. The notice was returned undelivered on 06.11.2006 and hence the case. The co...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....16; 28 DLR (AD) 38; 31 DLR (AD) 69. Lawyers Involved: Sheikh Fazle Noor Taposh with AFM Mesbahnddin, Nurul Islam Sujon, Md. Mehedi Hasan Chowdiuiry, AKM Rabiul Hasan and Md. Selim Jahangir, Advocates - For the Accused Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Dr Md......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Re...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....ar Zutshi Vs. Emperor, AIR 1948 Bom 79; Afzalur AIR 1943 FC18; Matajog Dobey Vs. H.C. Bhari AIR 1956 SC 44; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Pet...... (Criminal) Present Mohammad Fazlul Karim CJ Md. Muzammel Hossain J Surendra Kumer Sinha J Kazi Md. Abdul Basit..........................................Petitioner Vs. The State.........................................................Respondent Judgment......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......eferred to- GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

.... ocular witness leaving aside the post mortem report...........................(8)  Case Referred to- State Vs. Ful Miah, 5 BLC (AD) 41. Lawyers Involved: A.Y. Masihuzzaman, Advocate - For the accused-petitioner. Dr. Md. Bashir Ullah, Assistant Attorney-General with Mr...... Abu Bakar Siddiquee J Md. Amzad Hossain Sarder alias Bhojey and others……………………………….Accused-Petitioner Vs. The State…………………………&h......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

....thers, 10 BLD (AD) 44; Shamsul Islam (Md.) Vs. Dhirendra Nath Paul and others, 2 BLC (AD) 96; Government of Bangladesh Vs. Sunil Kumar Kha, 10 BLC (AD) 153. Lawyers Involved: Abdul Quiyum, Advocate with Salim Reza Chowdhury, Advocate - For the petitioner.  Md. Jaber, Assistant A......LT (HCD) (2010) 311 . ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......99; Reazul Hoque Molla Vs. Afizullah Molla alias Shafiuddin Molla and others, 10 BLD (AD) 44; Shamsul Islam (Md.) Vs. Dhirendra Nath Paul and others, 2 BLC (AD) 96; Government of Bangladesh Vs. Sunil Kumar Kha, 10 BLC (AD) 153. Lawyers Involved: Abdul Quiyum, Advocate with Salim Reza Chow..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

.... and Company Ltd. Vs. President, Appeal Tribunal, 5 ADC 478; RM Oil Refinery Ltd. Vs. Appellate Tribunal, Customs, Excise and VAT and others, 9 BLC 207. Lawyers Involved: Golam Mohiuddin, Advocate - For the petitioner. Tapash Biswas, Assistant Attorney-General with S.M. Moniruzzama...... Md. Ashfaqul Islam J SM Emdadul Hoque J M/S. Golden Match Works Limited, Katirhat, North Kattali, Police Station-Pahartoli, District-Chittagong……………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, represented by its President, Jiban Bima Bhab......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....s. State, 14 BLC 26; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Anti Corruption Commission and others Vs. Mahmud Hossain and others, 61 DLR (AD) 17. Lawyers Involved: A.M. Mahbub Uddin, Advocate with Nazmul Huda, Advocate, A.H.M. Mizanur Rahman, Advocate and Nasima Khatun, Advocate - F......ent: Md. Imman Ali J Md. Abu Tariq J Sayeda Nasima Sarwar, wife of Majibar Rahman Sarwar…………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Banglade...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....e to Appeal No.1432 of 2008; Salma Shahadat Vs. State, 14 BLC 26; CPLA No.1432 of 2008; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; CPLA No. 22 of 2010. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq, Advocates- For the Petitioner. AKM Fazlul Hoque,...... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

.... Rahman Shova and others ……………......Respondents Judgment March 22, 2010. Result: The leave is granted. Lawyers Involved: M. K. Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. A.F.M. Mes......ha J The Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University, Sher-E-Bangla Nagar, Dhaka-1207 and another……......................Petitioners Vs. Asia Rahman Shova and others ……………......Respondents ......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......also Reported in: VII ADC (2010) 1008. ..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ice to the Respondents Nos.3 and 6 but no response was received. Hence they filed the present writ petition and obtained the Rule and an order of status quo. 7. Mr. Anupam Biswas, the learned Advocate for the petitioner submits that the petitioners are not in any way involved with the bad l...... (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Tofazzel Hossain, Son of Late Hajee Asraf Ali and others……………………..Petitioner Vs. People's Republic of Bangladesh, represented by its Secretary, Ministry of Finance, Bangla......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....rishna Vs. Dwaraka Das, 36 DLR (AD) 253; Keramat Ali Vs. Yunus, 15 DLR (SC) 120; Sagarmal Vs. Annpurna, AIR 1964 Pat 298; Montazullah Vs. Farasatullah, 26 DLR 31. Lawyers Involved: TH Khan, Advocate—For the Appellants. Fida M Karnal, Advocate—For the Respondents. Fir......ent: Sharif Uddin Chaklader J         AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment Marc....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....yers Involved: Rafiq-ul-Huq with Anisul Haque, Abdul Matin Khasru, Yousuf Hossain Humayun, Nurul Islam (Sujan), Mohammad Selim Jahangir, Sheikh Fazle Noor Taposh, Mohammad Mehedi Hasan Chowdhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. ......tion Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary for M......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......8; Shrei International Finance Ltd. Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 SC 2983; State of HP Vs. Pirthichand, AIR 1996 SC 977; the State of West Bengal Vs. Swapan Kumar, AIR 1982 SC 949; Rajesh Kumar Bansal Vs. State, 1992 Crimes 1 7, 9, Del; Dr. Dattatraya Vs. S..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

.... Lawyers Involved: Rafiq-ul-Huq with Anisul Haque, Abdul Matin Khasru, Yousuf Hossain Humayun, Nurul Islam (Sujan), Sheikh Fazle Noor Taposh, Md. Selim Jahangir, Mohammad Mehedi Hasan Chowdhury Advocates – For the Petitioner. A.K.M. Fazlul Haque, Advocate - For the Respondent No.4. ......dhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......5 PC 18; Shrei International Finance Ltd Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 SC 2983; State of HP Vs. Pirthichand, AIR 1996SC 977; State of West Bengal Vs. Swapan Kumar, AIR 1982 SC 949; Rajesh Kumar Bansal Vs. State, 1992 Crimes 179, Del; Dr. Dattatraya Vs. Stat..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... Lawyers Involved: Rafiq-ul-Huq with Anisul Haque, Abdul Matin Khasru, Yousuf Hossain Humayun, Nurul Islam (Sujan), Sheikh Fazle Noor Taposh, Md. Selim Jahangir, Mohammad Mehedi Hasan Chowdhury, Advocates – For the Petitioner. A.K.M. Fazlul Haque, Advocate - For the Respondent No.4. ...... Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... PC 18; Shrei International Finance Ltd Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 SC 2983; State of HP Vs. Pirthichand, AIR 1996 SC 977; State of West Bengal Vs. Swapan Kumar, AIR 1982 SC 949; Rajesh Kumar Bansal Vs. State, 1992 Crimes 179, Del; Dr. Dattatraya Vs. Stat..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

.... Anti Corruption Commission and others Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Nazimuddin (Md) Chairman Vs. Government of Bangladesh, 61 DLR, 81. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate with Abdur Razzaq, Advocate with Md. Yousuf Ali, Advocate - For the petitioner (In Writ Pet...... Zia Uddin Ahmed…………………………………………Petitioner (In Writ Petition No. 7195 of 2008) Vs. Anti Corruption Commission and others………………&hell......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....er section 46 of the Children Act…………………………(34) Case Referred to- State Vs. Metropolitan Police Commissioner, Khulna, 60 DLR 660. Lawyers Involved: Ms. Fahima Nasrin, Advocate-For three children. Md. Nazrul Islam Talukder, Deputy Attorney General with Ms. Purabi S...... (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....ugned order the petitioners decree holders have moved this Court by filing this 2nd revision case. There is no appearance from the part of the opposite party till now. Mr. Mansur Habib, the learned Advocate appearing for the decree holder petitioner took me through the impugned order as well as t......D (HCD) (2010) 305. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....cedure and acquitting, the accused-opposite party No.1 of the charge the informant has filed this revisional application and obtained the present Rule. 5. Mr. Md. Harun-Or-Rashid, the learned Advocate appearing for the informant-petitioner submits that upon submission of the learned Special ......Court High Court Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 20......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....he judgment and order passed by the trial Court. Being aggrieved by the aforesaid appellate judgment and order the pre-emptee petitioner obtained the present rule. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the petitioner submitted that the learned trial Court having conside......Reported in: 31 BLD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......hter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead hi..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

.....09.2005 dismissed the appeal. 5. Being aggrieved by the aforesaid appellate judgment and decree, the defendant petitioners obtained the present rule. 6. Mr. Md. Serajul Haq, the learned Advocate appearing on behalf of the petitioners placed the revisional application and the impugned ......30 BLD (HCD) (2010) 424. ......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8