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Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....available under both general law and special law, the remedy prescribed by the special law must be in exclusion of the one available under the general law. ......... (18) Cases Referred to- Md. Hossain Ali Sarker Vs. Md. Mobarak Ali, 38 DLR (AD) 17; Managing Director, Rupali Bank Ltd Vs. T......expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......ported in: 18 BLC (HCD) (2013) 285. ..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

.... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ........................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Office, Bangladesh Dak Bivag, Dhaka and others......................Respondents Order April 30, 2012. Result: The l..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....nd the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......orted in: 18 MLR (AD) (2013) 97.  ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam......................

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....im on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......preme Court Appellate Division (Criminal) Present: 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 The State..............................................Petitione......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) ..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....24; Gul Hassan Vs. State, 21 DLR (SC) 109; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; ACC Vs. ATM Nazimullah Chowdhury, 62 DLR (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocate - For the Petitioner......., 61 DLR (AD) 17; ACC Vs. ATM Nazimullah Chowdhury, 62 DLR (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocate - For the Petitioner.  MH Sarder, Deputy Attorney-General with Gazi Md. Mamu......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....eported in: 17 BLC (AD) (2012) 154. ......: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....wed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Appellants.(In all cases) Nurul Islam Sujan, Advocate with Mahbub Ali, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Respondents. (In all cases)......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………R..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

....he result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......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 Abdul Gaffar and others............................................... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......mmel 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 Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......ivision (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 Most. Umme Shaheda Akhter Rina & others..................Pet......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....e­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......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 Md. Ismail and another..........................Petitioners (In ......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......zammel 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. Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

..... This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......115; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44; Khatoon Vs. Ajijur Nessa 6 BLC (AD) 115; Shambhnath Vs. Alfajuddin 41 DLR (AD) 27. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali, Advocates—For the Petitioner. No one appears—For the Opposite-Parties. Ci......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......llate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission........................Petitioner ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......ocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....r as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ...... Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......se is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ...... Appellate Division (Civil) Present: 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………………………Petitioners Vs. Md. Abdus Sattar and others................

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....he appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J   Md. Abdul Wahhab Miah J  Nazmun Ara Sultana J    Syed Mahmud Hossain Md.lmman Ali J         Momtaj Ali @ Babul............................six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......bsp;       Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecu­tion case and the statements made therein can be looked into with a view to find the prose­cution story as..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

..... This Case is also Reported in: 20 BLC (AD) (2015) 135   ......s Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ...... ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

.... leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ase is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ....... ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....e to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......smissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......on (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismis..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....irectors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......BLC (AD) (2013) 68. ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......urt Appellate Division (Civil)  Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....titions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618