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Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......e No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposa......ial Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Akram Hossain Chowdhury J Iftekharul Karim (Md.)...................Petitioner Vs. State.......................................Opposite-Party Judgment Apr..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......by the Appellate Division as such, this Rule is liable to be knocked down as being not maintainable. 5. In the result, this Rule is discharged as being not maintainable. 6. There will be no order as to cost. However, the respective petitioner is hereby directed to starrender before th......is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......) (2013) 537 ..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......olved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of 200...... be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... Division (Criminal) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Maku Rabi Das.......................Accused-Petitioner Vs. State...............................................Respondent Judgment ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......orruption Act, 1947. 2. In fact, all these Rules under article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh filed by the accused-peti­tioners challenging the order of sanction for pros­ecution of the accused-persons in ACG GR Case No. 25 of 2007 arising ......shy;itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ...... High Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badruzzaman J Golam Nabi and another……………Petitioners Vs. Anti-Corruption Commis­sion and others…………&helli..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ......ureshi .............Plaintiff-Opposite Party-Petitioner Vs. Dr. Ali Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. ...... (2013) 197     ......   ..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......taken in 1988 without an interview, there was no legitimate expectation of an interview in 1988 as the circumstances then were quite dif­ferent. (vii) Legitimate expectations are enforced in order to achieve fairness. Thus where it was argued that a previous practice of giving an oral heari...... This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ion of the project. Upon completion of the project they will continue as Pourashava Employees paid under the Pourashava budget. Community health worker will be working on honorarium." Writ-petitioner Nos.1-10 were originally appointed in the first project, namely, SIP (second phase) as a commun..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......dash;For Respondent. Criminal Appeal No.32 of 2002.                    (From the judgment and order dated 10th April, 2000  passed by the High Court Division in Death Reference Case No.9 of......ence by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......Romana Begum alias Noma…………………….Respondent Judgment March 5, 2013. Result: The appeal is dis­missed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the ..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

....nj Sadar. The plaintiff contended, inter alia, that Harun Bepari was the owner and possessor of the said land and accordingly it was recorded in C.S. Khatian No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafte......uhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009  (From the judgment and order dated 13th January, 2009 passed by the High Court Division in Civil Revision No.2987 of 2004) ......rder of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nbsp;      Syed Mahmud Hossain J    Muhammad Imman Ali J     Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....e writ petition and supplementary affidavit and affidavit-in-opposition. 8. Moot question is whether writ petition is maintainable for deciding the question of fraud and material irregularity in publishing and con­ducting the sale in an auction process. 9. It is admitted that the respo.......— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in ...... all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badrzzaman J Sayeda Kamrun Jahan Chowdhury.....................Petitioner Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chitta..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... 10.05.1997 for purchase of a Frigate. Subsequently, nine bidders submitted 24 bids in response to the said tender. BOMETEC PLA of China became the lowest bidder at U.S. $ 68.00 Million, but the work order was issued for an unproven design Frigate, in favour of the 4th lowest bidder Daewoo Corporati...... Revisional Jurisdiction) Present: Siddiqur Rahman Miah J KM Kamrul Kader J Rear Admiral M. Nurul Islam, NCC, PSC (Retd.)…………Accused petitioner (In Criminal Misc No.2334 of 2004) Commodore Harunur Rashid (Retd.)…………&hel......n (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J KM Kamrul Kader J Rear Admiral M. Nurul Islam, NCC, PSC (Retd.)…………Accused petitioner (In Criminal Misc No.2334 of 2004) Commodore Harunur Rashid (Retd.)……&hellip..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......ey General for the opposite-party and careful exam­ined the FIR, seizure list, charge-sheet, the state­ments of the witnesses recorded under section 161 of the Code of criminal Procedure, and orders passed by the learned Judicial magistrate con­cerned on different dates annexed with the ......ay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ...... Siddiqur Rahman Miah J SH Md. Nurul Huda Jaigirdar J Badsha Mia……………………………………..Petitioners Vs. State………………………&he..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......th Lutfur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgmen......, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......e plaintiff has failed to perform his promise which has com­pelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, the determination of ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....said bank. Since this is a listed company, fee was not in a position to purchase further shares, which he was looking for quite a long time. The writ-petitioner came to know of the pub­lic notice published in the daily newspapers, namely, "Daily Dinkhal" and "The News Today" ......titioner. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Writ Petition No.4806 of 2004). Judg......eal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corpora­tion and others……&hellip..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....bsequently the land reappeared again in the other side of the river within 10 years. As the RS operation of the corresponding area was started in the year 1346 BS corresponding to 1939 AD and finally published in 1358-1359 BS, in the remark column, the suit property was wrongly shown as river and us...... of 2009 allowing the appeal and setting-aside those dated 19-4-2009 passed by the learned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading......C (HCD) (2013) 386.   ......   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......f police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has already empowered a Deputy Director of the Commission to issue an order under section 26 of the Anti-Corruption Commission Act, 2004........ (9) Cases Referred t......d a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......iminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdul Wahab (Md.)………………............Petitioner Vs. State & another...…………………&he..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ......Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or such other or further order or orders passed as to this court may seem fit and proper." 2. While issuance of the...... (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ...... ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ...... Assistant Attorney General-For respondent No.1. Writ Petition No.4251 of 2004. Judgments Md. Ruhul Quddus J.-This rule nisi at the instance of an importer was issued calling in question the order dated 03.06.2004 of the Customs authority passed in nothi No.S-2/69/ Misc./AP/Section-1/2003-2......ceipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......upreme Court High Court Division (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgme..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......on 4(2) of the Anti-Corruption Commis­sion Act, 1957, now pending before the Court of learned Metropolitan Senior Special Judge, 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. It stands out from the record of t...... a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment Ja..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......ion Case No.2 dated 1-2-2009 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Bogra, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time issuance of the Rule, ......e judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......m part of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Ca......ivision. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......013) 50.   ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11