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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....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       ......ence the case. 4. The accused Ishaque filed Meherpur PS Case No.12 dated 22-9-1996. On received of the said information, the police rushed to the place of occurrence and made inquest of the dead body of the deceased Abedin and sent the dead body to the morgue for post-mortem examination. 5..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.... of Syed AJi Habib, son of, Syed Abdul Latif was duly recorded in SA Khatian No.Sabek 1328 Hal 804, SA dag No.1800, area of land measuring 0473 Ajutangsha. Being bona fide owner in possession he paid Government rents, taxes of the suit land to the concerned authorities in time. Syed Ali Habib died l......o.16/1/A, Rankin Street, Dhaka and the plaintiffs have been paying holding taxes to the Dhaka City Corporation in time and they have enjoyed the suit property peacefully without any objection from anybody or any quarter whatsoever. 5. It is further case of plaintiffs that without notifying and ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....pendency of Judiciary is the sine qua non of modern democracy. The eloquent words of Justice Krishna Ayer in this regard are: Independence of the Judiciary is not genuflexion; nor is it opposition of Government. It is neither judiciary made to opposition measure nor Government's pleasure”. In the ......eges, etc. have been regularly and reasonably exercised, nor violating the law or the constitutional provisions, this presumption being a rebuttable one; (f) The fact that Parliament is an august body of coordinate constitutional position does not mean that there can be no judicially manageable ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Jamat Ali Vs. State, 2012, 41 CLC (AD)

.... 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. ......mat and others there. Since thereafter the whereabouts of the victim Fazlul Haque were untraceable. Subsequently at the showing of this accused-petitioner Jamat and other accused persons the beheaded body and the head of the vic­tim were recovered from two different places. 5. On the F.I.R...

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

Nalu Vs. State, 2012, 41 CLC (AD)

....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: ......r that, there was no trace of Emran. The following day at 12.00 noon, two mangoes were found in the maize field of the accused Nalu, covered with leaves and grass and after removing the same the dead body of Emran was found. After that, the people of the localities came and saw the dead body. The in..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....tion, it was stated, inter alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Schedule to the Bangladesh Sports Council Act, 1974, of which President is nominated by the Government. It survives on periodic grants extended by the Government. It is situated on a large chu......or an ad-interim order staying operation of the impugned notification. The Rule was issued in the terms as prayed for. 3. In the writ petition, it was stated, inter alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Schedule to the Bangladesh Sports Council Act, 197..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents Jud......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....sion (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 Vs. Mir Md. Imam Hossain…......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.  ..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....nization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangla­desh and got government as well as foreign grants. The said samity was an a......tion in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangla­desh and got government as well as foreign grants. The said samity was an autonomous body and had its own constitution. As per its constitution, there was a procedure for forma­tion..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....vil) 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, repre­sented by the Secretary, Finance Division, Ministry of Finance, B......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. ..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....Establishment Division of the President's Secretariat, which was found to be an interference with the proper administration of justice by the High Court. The Supreme Court also observed that, the Government of Pakistan was extremely ill-advised in becoming a party to the contempt proceedings (dr......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

....r challenging the order (though it was a decree) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Ministry of Law as respondent Nos.1 and 2 wi......ices Company, Inc (AETRSCO) World Financial Centre, American Express Tower, New York, USA represented by the Attorney Mr. Rezwanul Haque, Advocate got itself added as respondent No.3. 6. In the body of the writ petition, facts were stated in a more cumbersome manner which are as follows: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....ng operated in arbitrary and discriminatory manner and in gross violation of their fundamental rights. However, due to the volatile political condition during the tenure of non-political Caretaker Government from 2007 till the end of 2008, the petitioners (along with other stevedoring firms) ple......hat the appointment of Berth Operators and Ship-Handling Operators, in fact, falls within the purview of the Public Procurement Act, 2006 (in short, the Act), for the respondent No.1 is a statutory body established under the Ordinance No. LII of 1976 and according to section 3(2)(b) of the Act, 2..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

.... Reported in: ......at during the War of Liberation, Khawaja Mohammad Aref left Bangladesh leaving the property uncared for and when the P.O. (President’s Order) 16 of 1972 was promulgated neither the owner nor anybody on his behalf was there to look after, manage or control the property in question and as such, ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......ht but only provides that the action taken by the authority while dealing with the citizens is not arbitrary. The applicability of the doctrine of legitimate expectation arises when an administrative body by reason of a representation or by past practice or conduct aroused an expectation which it wo..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....C (2012) 740. ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Plannin...... limitation holding that no specific reason was stated." Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..

Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

.... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs and other......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

....g the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order dated 22.03.2005 passed therein for taking over the lease-hold land of the writ peti­tioners under the khas khatian of the Government (the annexure-G). 3. The case of the writ petitioners, in short, was that their fat...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....ndra Singh @ Babloo Singh and another Vs. State of UP (2010) 13 SCC 523; Gopinath Vs. State of WB 1984 Supp SCC 228; Mona @ Zillur Rahman Vs. State 23 BLD (AD) 187 = 9 BLC (AD) 125; Fahima Nasrin Vs. Government of Bangladesh, 61 DLR 232; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Amit Das Vs.......ons when Rupinder Singh out of fear started running away towards the field. Joginder Singh and Balwinder Singh chased him abusing. Rupinder Singh jumped into a well in order to save himself. The dead body of Rupinder Singh was recovered from the well and Kuldip Singh died on the spot. The Sessions J..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30