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State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....2005) 289.         ......sent: SK Sinha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgme...... Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-Appellant. Md. Khalilur Rahman‑ For the Condemned Prisoner. Death Reference No.11 of 2001 with Jail Appe...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....ground of fairness but, also, upon that of the greater practical difficulty which is involved in proving a negative than in proving an affirmative………………………………….(8) The State Acquisition and Tenancy Act 1950 (Act No. XXVIII of 1951); section 95 (2) Under section ......ted in: 15 BLT (HCD) (2007) 69. ......and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....nd order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......rt Division and accordingly the appeal is dismissed.   Ed. ......ned no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....dingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......o Reported in: 56 DLR (2004) 454. ......d appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....positions to the contrary and there being uncontroverted evidence on record that the prevailing price of the similar land was over Taka 2 crore per bigha and the documents incorporated in the Concise Statement of the defendant No. 6 showed that the price of similar plot was over Taka 2 crore and, as......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ...... of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Abdul Bashir alias Bashu .............Petitioner Vs. State..................... Respondent Judgment January 18, 2004. Result: The petition ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Abdul Bashir alias Bashu .............Petitioner Vs. State..................... Respondent Judgment January 18, 2004. Result: The pe......e said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

....Civil Revision 3891 of 1997.   2. The facts, leading to this petition, are that the respondent No. 1 as preemptor instituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's cas...... Appellate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Ruhul Amin J  Abdus Sobhan Mandal (Md)......Petitioner Vs. Md. Jonab Ali Fakir & others ………Respondents  Judgmen......e above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....ision (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17......Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment J......gistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... ......ve we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ......bsp; Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent  Judgment January 10, 2004.   ...... this petition merits no consideration. Hence, it is dismissed.  Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....s not sustainable in law. ………………….(24, 26, 27). Cases Referred to- GL Gupta vs. DN Mehta AIR 1971 SC 2162; Begum Motia Akhtar Khanam vs. Shawrat Ara and others, 42 DLR (AD) 26, State vs. Khondker Mohammed Moniruzzaman, 1997 BLD (AD) 54. Lawyers Involved: Mahmudul Islam......Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tofazzal Islam J Securities and Exchange Commission, represented by its Chairman …… Appellant Vs. Runa N Alam............Respondent Judgment January 5, 2004. Result: The appea......accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......llate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Md. Tofazzul Islam J A & E Products Group LP and others………Petitioners Vs. Md. Mohiuddin Ahmed and others……… Respondents Judgment December 14, 2003. ......ons of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....e customer would pay less if lots 1 and 4 are allotted to the writ‑petitioner No.1 then a total of Taka 27,78,52,298 instead of Taka 28,94,45,778 would be spent, that in order to save money for the State and the Authority, the purchaser should stick to clause 14.4 of Instruction of Bidders and dis...... Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Director General, BWDB and others…………..Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment Decembe...... Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

.... (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ......ision (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ......e leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....Ed This Case is also Reported in: 56 DLR (2004) 647. ...... High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State ................................................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7,......t down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......vil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J  Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ..................Respondents   Judgment ...... the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....and another 21 DLR (SC) 456; Khadomul Islam Chowdhury vs Bangladesh and others 33 DLR (AD) 111; Ariban Tuleshwar Sharma vs Ariban Pishak Sharma and others AIR 1979 SC 1047; of 2000). Shivdeo Singh vs State of Punjab AIR 1963 SC 1909; State of Kerala vs PK Syed Akbar Sahib AIR 1988 SC 702; Azra Zaman......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,......reinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......ate Division (Civil)  Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Abul Bashar and others...................Petitioners Vs. Prafulla Kumar Das and others…….Respondents  Judgment No......ismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....nsur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986......Court High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment Novemb......h Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

.... record has been wrongly prepared and finally published raises claim on the property on the basis of such wrong record…………………..(7)  The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to cor......esent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2......dingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038