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State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....7 DLR (AD) (2015) 218. ......rul Haque J Hasan Foez Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......ammel Hossain CJ Surendra Kumar Sinha J    Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J  Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment   &nbs......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....ivision (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chow­dhury............Appellant Vs. State & another…………………………&......h Court Division (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chow­dhury............Appellant Vs. State & another………………………........Respondents Judgment August 1, 2013. Result: The appeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....ivil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for ...... Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners Vs. Bangladesh Jamaat-e-Islami and others………………&helli......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....ivil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for ...... (Special Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners Vs. Bangladesh Jamaat-e-Islami and others………………&helli......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chow­dhury and others...........Defendant-Respondents Judgment ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

....on   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013....... Court Division   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment J...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Bangladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment Jul......n the Adalat and in due compliance of law got a certificate under section 33(7) of the Artha Rin Adalat Ain, 2003 (here­inafter referred to as Ain). Subsequently one of the Director, namely, Abul Kalam Azad filed applications dated 7-7-2011 and 11-7-2011 with the petitioner Bank referring the af......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....hmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondents (In bot...... Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondent......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)

....bsp;      Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result: The app......a J        Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result:......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....Present: Nazrnun Ara Sultana J Md. Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md.)…………………Appellant Vs. State……………………………&hellip......al) Present: Nazrnun Ara Sultana J Md. Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md.)…………………Appellant Vs. State…………………………&helli......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....Rule, as have been stated in the instant revisional application, in short, are that the present petitioner as pre-emptor filed Miscellaneous Case No. 129 of 2008 (Pre-emption) under Section 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in...... ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

.... the learned Judges do not follow their constitutional obligation, it would be taken as an aberration………….….. (14 &15) Case Referred to- Sadiq Ali Vs. State, 18 DLR (SC) 393; Muhammad Ayub Vs. Muhammad Yakuk, 19 DLR (SC) 38; State Vs. Abdul Wahab Shah......        AHM Shamsuddin Chowdhury J           Wadud Mollah (Md.)........................Petitioner Vs.   Md. Nayem and Another………………....Respon......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....iscloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…….(20-22)  Case Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Cho...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....: Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. Result:...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ...... Present: Syed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......ab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Chowdhury J Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka .............Petitioner Vs. Mohammad Ibrahim and others..........Respondents Judgment May 6, 2013. Res......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam, 36 DLR (AD) 171; IRC Vs. Hinchy (1960) 1 ......iction) Present: Md. Bazlur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25......onal Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoqu......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....7 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order date......resent: Mohammad Anwarul Haque J Siddiqur Rahman Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Tajul Islam and others .........................Appellants Vs. Billal Hossain and another ...............Respondents Judgment April 16, 2013. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....-D is liable to be declared to have been issued with­out lawful authority and is of no legal effect. 3. Mr. Ahsanul Karim, the learned Advocate appearing for the respondent No.5 submits that State Acquisition Act, 1951 has taken over all rent receiving interest in respect of Fisheries, Ferr......sion (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J Bangladesh Inland Water Transport Au­thority (BIWTA).............Petitioner Vs. Bangladesh & others.............Respondents Judgment April 15, 2013. &nb......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3