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Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result: The R......st the petitioner. However, the petitioner thereafter received a copy of the auction notice dated 31-3-2010 (Annexure-A) issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the A..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....vict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell is not due to any fault of the convict and where the period spent there is inordinately long, it may be considered as an extenuating ground...... they were following the movements of the deceased......their act of commission of murder was premeditated, cold-blooded and so brutal that they deserve no mercy and justice demands adequate and proper punishment which has been awarded". 21. In the instant case the High Court Division..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....2013) 485. ...... after 11-9-1995 in the posts of Family Planning Officers pursuant to the impugned Rules (Vide Annexure C-2and F) and or such other or further order or orders passed as to this Court may seem fit and proper." 40. The said Rule was contested by the government and the present contempt p..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
.... Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sadek Hossain (Md.)……………............................Petitioner Vs. State and another...........................................Opposite-Parties Judgment December ......ion of Corruption Act, 1947, now pending in the Court of Chief Metropolitan Magistrate, Chittagong, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned FIR case..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....ce with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that examination of the said Magistrate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in...... of Special Sessions Judge and Poribesh Appeal Adalat, Dhaka should not be transferred to any other competent Court and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of the issuance of the Rule the presiding Judge of the Special Ses..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....……………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records ......r possession thereof. The registered deeds of sale dated 8-3-1926 and 2-3-1948 are false, fraudulent and ineffective. Alfat Bepari died leaving behind seven sons and two daughters; they inherited the property and possessed the same jointly. After that, they made a mixable partition. Abdul Jabbar, pr..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....n (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Advocate Taimur Alam Khondaker.........................Petitioner Vs. Bangladesh and others...................Respondent Judgment November 29, 2012. Resul......uch opportunity to the agency of being heard as it thinks fit, make a report thereon to the Government. (2) The Government, if satisfied after considering the report that it is necessary or proper to do so, may order that the agency shall stand dissolved on and from such date as may b..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………...................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The app......to be construed with reference to the subject matter and context wherein the term occurs. According to Black's Law Dictionary 'misconduct' means "A dereliction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresentation or conc..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
.... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1......Emergency Powers Rules 2007, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
.... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme......nbsp;of the Prevention of Money Laundering Act, 2009, so far the petitioner is concerned, should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 5. Record of the case need not be called for. 6. This Rule is made returnable with..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Hasan Foez Siddfque J ABM Altaf Hossain J Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result: The ......y actions against them should not be declared to have been made without lawful authority and are of no legal effect and or pass such other or further order or orders as to this court may seem fit and proper". 2. Averments figured in the Rule generating instruments are described below in br..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. ......here were two alternative methods. Pursuant to an application filed by the parents and guardians of the English medium students, the Director-General of Health Services, the concerned authority, upon proper scrutiny of the same, responded with due alacrity. After receiving the legal notice, the resp..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ......tion case The execution case does not come to an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .............Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The R......ole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and others and the same was registered as Artha Rin S..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....bsp; ......ity card bearing the name of the victim Nasima etc and the blood-stained wearing-apparels of the accused Tipu and the learned trial Judge considered the evidence and materials on record in their proper perspective and scanned the attending circumstances of the case and rightly found all the acc..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....n (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule ......y as earnest money and delivered possession of a part of the land by executing an agreement on 2.4.1963 in favour of Sheikh Ali Ahmed. Said Hemlata and her co-sharers failed to execute and register a proper deed of conveyance, for which Sheikh Ali Ahmed instituted Title Suit No.63 of 1990 for specif..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....t Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is al......cedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing supplementary affidavit dated 8-11-2012 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......ment found the respondent not guilty to the charge and acquitted him. 3. Leave was granted to consider whether the High Court Division was justified in acquitting the respondent in not properly sifting the evidence of the prosecution witnesses particularly the evidence of Younus C..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
...................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ......ed judgment found the respondent not guilty to the charge and acquitted him. 3. Leave was granted to consider whether the High Court Division was justified in acquitting the respondent in not properly sifting the evidence of the prosecution witnesses particularly the evidence of Younus Chow..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti...... The plaintiffs and defendant No.1 both claiming to be the heirs and “বায়মা গৃহীতা” respectively of Shamsul Kabir Humayun Reza were conspiring to grab the property of defendant No.3, actual Shamsul Kabir Humayun Reza by resorting to forgery. The defendant..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
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