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Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....ant Inspector of the Bureau of Anti-corruption is neither illegal, nor irregular or without jurisdiction………………….(28) Cases Referred to- Md. Shamsuddin alias Lambu and others vs. State and others 40 DLR (AD) 69; Md. Shafiqullah vs State 33 DLR 297 = 1981 BLD 119; Salimuddin Ahme......lowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....;          Md. Fazlul Karim M A Aziz J  Amirul Kabir Chowdhury J  Monajjel Hossain Khan alias Mintoo.......................Petitioner vs State, Represented  by the DC......................Respondent  Judgment  March 24t......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....minal)  Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J  Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent   Judgment Marc...... (Criminal)  Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J  Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent   Judgment......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ...... other side of the river at Khulna Jailkhana ghat and another business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr.  Monirul Islam took on lease the said Jailkhana Ferry ghat and labour handling ghat through open tender as b..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....iced thereby.      III. For that the object of the instant law being promotion of Local Government Institutions, pursuant to the funda­mental Principles of State Policy as enshrined in Article 9 of the Constitution of the People's Republic of Bangladesh,......  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………&hellip......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ......bsp; Ed. ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....ion……(42) Cases Referred to- Kumudini Hospital Vs. Kumudini Hospital Karmachari Union and others, 43 DLR 655; Chairman, DIT Vs. Chairman, Second Labour Court, 34 DLR (AD) 37; State Vs. Abdul Awal, 35 DLR 151; The Corporation of the City of Nagpur Vs. Its employees, AIR 1960 ......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

....pellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, th......t Appellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the convict...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......05) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......se at the trial of the suit………………..(11-13) Cases Referred to- City Ice and Cold Storage Ltd. Vs. Nitai Chand Saha and others, 3 BCR (AD) 221; Nurul Islam and others Vs. Jamila Khatun and others, 53 DLR (AD) 45; Mohammad Abdul Mannan Vs. Swaraj Roy ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......Supreme Court High Court Division (Statutory Original Civil Jurisdiction)   Present: Syed Amirul Islam J Ataur Rahman (Md.) another......................Petitioners Vs. Edruc Limited ..........................................Respondent Judgment March......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

.... Ed. This Case is also Reported in: 56 DLR (2004) 556. ......4) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ...... Md. Tafazzal Islam J  Government of Bangla­desh represented by the Secretary, Ministry of Post, Telegraph and Tele­ communication and others....................Petitioners Vs. Abul Khair.... Respondent   Judgment February 23, 2004. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ......nbsp; Ed. ..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. Th......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......, the appeal is dismissed without any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Case is also Reported in: 57 DLR (2005) 277.   ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment   ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

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......icted kope on the head of his wife Shalema but also stated in cross-examination that he was completely mad at the time of occurrence, that after the occurrence, her husband, husband's brother and Tajul Islam came that at the time Nazrul was narrating the incident to her in presence of Parul and ......nha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgment January ..

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. ...... 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. ...... 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. ......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. ...... 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. ......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. ......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

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......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: ......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....... 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. ...... any evidence and, as such, the finding of the appellate Court is not a correct finding in the eye of law. ……..(6)    Lawyers Involved:  Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitio..

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......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.   ......e 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: ...... ......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: ......ved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. SR Khoshnabish, Advocate‑on‑ Record‑ For the Petitioner. Abdur Rab Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent No. 1. Not represented ‑ Respondent Nos. 2‑3. ..

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