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State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....s petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......preme Court Appellate Division (Criminal) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Syed Mahmud Hossain J State......................................Petitioner Vs......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ...... (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....his appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ....... ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....costs with the above observaÂtions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants ......victims. The appeals are, therefore, allowed without any order as to costs with the above observaÂtions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....ompliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......gh Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur...............................Petitioner Vs. Registrar of Joint Stock Companies and Firms & ors..................Respondents Judgment July 31, 2012. Result: ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....nal Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......ision (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahabuddin...................................Petitioner ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......dvocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Or..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ...... Hossain CJ Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J State.................................ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ghest echelon. Before making any decision on the basis of the application filed by the invesÂtigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
.... ...... Case is also Reported in: 18 BLC (HCD) (2013) 453 ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......e Shudir Chandra Sing Sarma, Sree Surath Chandra Sing Sharma, Sree Suresh Chandra Sing Sharma sons of late Girindra Chandra Singh Sharma by registered deed of sale being No.1495 dated 15-5-1941. Syed Ali Habib, son of late, Syed Abdul Latif became owner and possessor of the suit land from Sreemati S......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......D) (2013) 46. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......ision (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court Division in Criminal Appeal No.3084 of 2004 with..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
.... Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nalu…………………………&hell......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
...., dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…………………………..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....o merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....anted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others........................................ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......o wrong advise of his lawyer...............................(4) Cases Referred to- Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47; Debabaria Chatterjee Vs. Md. Munsur Ali, 36 DLR 136. Lawyers Involved: Manoj Chandra Bhadury, Advocate-For the Defendant-Appel...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
.....10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repreÂsented by the Secretary, Finance Division, Ministry of......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......ltana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repreÂsented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin.....................................Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
.... With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......so Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....harged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advocate with Ali Asif Khan, Advocate with Mohammad Motahar Hussain, Advocate-For the Petitioners. Md. Murad Reza, Senior Advocate with Imranul Kabir, Advocate-For the Respondent Nos. 1 and 2. ......¦â€¦â€¦..Respondents Judgment June 21, 2012. Result: The Rule is discharged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advocate with Ali Asif Khan, Advocate with Mohammad Motahar Hussain, Advocate-For the Petitioners. Md. Mura......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......on-confessing co-accused can be sustained upon the confessional statement made by another co-accused............(28) Cases Referred to- Nawsher Shafder Vs. State, 39 DLR (AD) 195; State Vs. Ali Hossain; 18 BLD 655 = 4 BLC 43; Abdul Motaleb Vs. State, 27 DLR (1975) 665; Shaikh shahidul Isla...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....hichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ....... ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......b Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the c..Category: Others | Date: 18 Jun, 2012 | Hits: 7