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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

.... to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......d as to this court may seem fit and proper. 2. The facts relevant for disposal of the instant Rule, in brief, are that one Md. Younus, son of Late Abdus Salam, village-Jafrabad (Debar Par, Karam Ali Majheer Bari), Post Office-Boiltali, District Cox's Bazar, as complainant filed a Petition C...... Md. Rezaul Hasan J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others……………………&helli..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....67 (SC) 1836; Schmidt Vs. Secretary of State, (1969) 2 ChD 149; King Henry Vs. England, 1414 Act of Parliament. Lawyers Involved: Nitai Roy Chowdhury, Advocate—For the Petitioner Md.Mokleshur Rahman, D.A.G. —For the Respondents Writ Petition No.12750 of 2015 Jud......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 150   ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 150   ...... Razik-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………&helli..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

..... It is found that at the trial the plaintiff side examined in all 3 PWs, the defendant side in all examined 4 DWs and both the parties exhibited some documents to prove their respective cases. PW-1, Md. Mizanur Rahman, stated in his evidence that as per in terms of agreement the plaintiff has paid ...... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110       ......art within the period of the contract (bainapatra in question), the suit for specific performance of the contract cannot fail….........…. (18-19) Lawyers Involved: AJ Mohammad Ali and Golam Mohammad Chowdhury, Advocates—For the Appellant  AQM Shafiul...... Sheikh Abdul Awal J  Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Jud..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......7 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....: Soumendra Sarker J A.N.M. Bashir Ullah J State……………………………………..Appellants  Vs. Md. Golam Rabbani………………Respondent  Judgment ......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 167   ...... to Kahalu Police Station Case No.12(1)08 and GR No. 12 of 2008. 2. The prosecution case, as made out in the ejahar, in a nutshell can be stated thus, one Md. Sirajul Hoque, son of late Khorshed Ali of village-Bamuja under PS Kahalu of District-Bogra lodged an ejahar with the Officer-in-Charge ......esent: Soumendra Sarker J A.N.M. Bashir Ullah J State……………………………………..Appellants  Vs. Md. Golam Rabbani………………Respondent  Judgment..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....p;………….(16-24) Case Referred: Abdul Kader Molla Vs. Chief Prosecutor, International Crimes Tribunal, 66 DLR (AD) 289; Prosecutor Vs. Blagojevic and Jokic (ICTY);Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka; AIR 1974 (SC) 799; AIR 19......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......also Reported in: ......azmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Trib..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)

.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171   ...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171   ...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171   ...... Present: Sharif Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Responde..

Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....hajan 2 DLR 385; Probodh Chandra Vs. Jatindra Mohan, AIR 1940 Calcutta 177 Lawyers Involved: Qumrul Haque Siddique with Maqsudun Nabi, Advocates—For the Petitioner Md. Mamunur Rashid, Advocate—For Respondent No.3 Amit Das Gupta— For Respondent No....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ...... Emdadul Huq J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....e observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ...... This Case is also Reported in: 67 DLR (AD) (2015) 289 ......vil) Present: Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (I..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

...., they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ...... ......n J Muhammad Imman Ali J Hasan Foez Siddique J The State…………………………………….Petitioner Vs. Mr. Swadesh Roy, (author of the article under the caption in “সাকার পর..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

.... support of charge No. 17 it has examined Nizam Uddin Ahmed (P.W. 15), Syed Ohidul Junu (P.W. 19) and Dr. AKM Shafiullah (P.W. 27). In support of charge No. 18 it has relied upon Anisuzzaman (P.W.1), Md. Salehuddin (P.W. 8), Abu Taher Chowdhury (P.W. 25), Md SoLalman (P.W. 26), Md Ezab Uddin Mia (P.......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ......lection process. After the massacre on the night following 25th March, 1971, he took shelter at Patiya and joined the liberation forces, who were then resisting the military junta. Major Mir Sakhawat Ali was the officer of Bengal Regiment and under his command EPR, Police, Ansar and the local Awami ......nal) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Salauddin Qader Chowdhury.........................Appellant Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent J..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....the defendants Tightly filed the application under rule 13 of order IX of the code of civil procedure, as such the findings of the courts below is erroneous one. Lawyers Involved: Md. Khaled Ahmed, Advocate— For the Appellants. Mohammad Noor Hossain, Advocate— Fo......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ...... This Case is also Reported in: 68 DLR (HCD) (2016) 44   ...... (Civil Appellate Jurisdiction) Present: S.M. Emdadul Huque J Torab Ali and Others………………………...........Appellants Vs. Madris Ali Saha and Others…………….............Respondent ..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

.... order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..R..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ...... this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ...... Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Immam Hossain Sawdagor and others.........Petitioners Vs. Abul Hashem and others……………………&hell..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

.... (AD) 55; Iqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, 45 DLR 416; Government of Bangladesh Vs. Md. Jalil and others, 48 DLR (AD)10; Hazerullah and another Vs. Chairman, 1st Court of settlement an......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ...... and another, 3 BLC (AD) 42; Rabbani Vs. Chairman, Court of Settlement and others, 61 DLR (AD) 15; Hazerullah Vs. Chairman, 1st Court of Settlement, 3 BLC (AD) 42; Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 49 DLR (AD) 161; Rowshan Ara Begum Vs. Secretary, Ministry of Works an......al Original Jurisdiction) Present: Zinat Ara J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Minis..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....ে যেন এই আইন প্রনীত হয় নাই এবং তদাধীনে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ......n (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Government of Bangladesh and oth­ers..........Appellants Vs. Ashraf Ali…………………….......................Respondent......ppellate division (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Government of Bangladesh and oth­ers..........Appellants Vs. Ashraf Ali……………………...................

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ...... Syed Mahmud Hossain J Orascom Telecom Bangladesh Limited..........Petitioner (In CP No. 327/11) Chief Executive Officer, Grameen Phone Limited............Petitioner (In CP No. 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgmen..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

.... Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. Lawyers Involved: Sasti Sarkeer with Muhammad Rezaul Kabir Khan, Advocates—For the Convict-Appellant. Md. Ashaque Momin, AAG with Shahida Begum—For the Respondent. Criminal Appeal No. 2931 of......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ...... P.W.3 was Maya Rani Biswas. However she made no statement respecting the happenings of the case. But she was neither cross examined by the defence nor by the prosecution. P.W.4 Babul Hossain @ Saheb Ali was a cited witness who denied to have had any sort of personal knowledge regarding the happenin......on (Criminal Appellate Jurisdiction) Present: Ashish Ranjan Das J Sanjay Kumar Biswas………………………Convict-Appellant Vs. State………………............................Respondent..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....tioner (In Criminal Petition No.374 of 2011) Masuk Miah ……………………………..Petitioner (In Jail Petition No.18 of 2008) Md. Nazrul Islam: Petitioner ……………(In Jail Petition No.3 of 2009)...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat,......lip;……………….........Petitioner (In Jail P. No.7 of 2012) Shahjahan @ Haider @ Kutti ………Petitioner In Jail Petition No.8 of 2012 Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others&..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....uk Miah………………………………………………Petitioner (In Jail Petition No.18 of 2008) Md. Nazrul Islam………………………...........P......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat,...... Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ......................................Appellant (In Civil Appeal No.116 of 2010) Vs. Shafiqul Islam…................................Petitioner (In Criminal Petition No.3..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86