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Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)

....larged on bail to the satisfac­tion of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a peri­od of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......y the High Court Division in Criminal Miscellaneous Case No.11212 of 2008). Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated 20.11.2008 passed by the High Court Di......….…….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Dhaka………….Respondent Order January 25, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate and Ajmalul Hossain, Q.C. Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For ......minal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4)….…….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Dhaka………….Respondent Order ..

Category: Anti-Corruption Laws | Date: | Hits: 120

Rakib and others Vs. State, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......etitioner Nos.1 and 2 and fine of TK. 3,000.00 only upon petitioner No.3 which he has paid already. 2. The facts involved in the case, in short, are that on 29.07.2002 after watching the news from Bangladesh Television, at about 8 P.M. Shahabuddin having gone out of his house went to a tea stall ......lso Reported in: VIII ADC (2011) 57. ......late Division (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Rakib and others……………….................Petitioners Vs. The State………………............................Respondent Judgment January 12,..

Category: Criminal Law | Date: | Hits: 38

State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)

....aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......by the High Court Division in Criminal Miscellaneous Case No.6416 of 2009). Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 29th day of October, 2009 passed b......cord-For the Petitioner. Anisul Huq, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 408 of 2009. (From the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscella......n (Criminal) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J The State...........................Petitioner Vs. A.K.M. Rafiqul Islam ………….......Respondent Order February 4, 2010. Lawyers ..

Category: Criminal Law | Date: | Hits: 42

District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)

....he Rule absolute holding that the plaintiff passed his Kamel Daowai Hadis Examination from Jamialul Korania Arabia, Madrasha, Lalbagh in the year 1965, which is equivalent to Alim Examination under a Government Madrasha and thereafter he, having the req­uisite qualifications as required under Rule ......d 20.11.1985 was appointed as temporary nikah registrar of several unions. Thereafter in the year 1990 he passed Alim Examination from Bhandaria Siddiquia Fazil Madrasha which is an institution under Bangladesh Madrasha Education Board. Then by Memo No.837 dated 19.9.91 he was appointed as temporary...... Md. Abdul Aziz J B K Das J Md. Muzammel Hossain J Surendra Kumar Sinha J District Registrar, Manikgonj .....................................Petitioner Vs. Md. Shariful Islam and others………………………….............Respondents Judgment November 15, 2009. ......t: Md. Tafazzul Islam J Md. Abdul Aziz J B K Das J Md. Muzammel Hossain J Surendra Kumar Sinha J District Registrar, Manikgonj .....................................Petitioner Vs. Md. Shariful Islam and others………………………….............Respondents Judgme..

Category: Civil Law | Date: | Hits: 106

Government of Bangladesh Vs. Md. Rahatuddin Khan and others, 2011, 40 CLC (AD)

.... Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK 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 Secretay, Ministry of Education, Dhaka and Others……......Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK 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 Secretay, Ministry of Education, Dhaka and Others………………........ SK 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 Secretay, Ministry of Education, Dhaka and Others………………..Petitioners Vs. Md. Rahatuddin Khan and others ………….Resp......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretay, Ministry of Education, Dhaka and Others………………..Petitioners Vs. Md. Rahatuddin Khan and others ………….Respondents Order March 30, 2011. Lawyer..

Category: Procedural Law | Date: | Hits: 105

Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)

.... Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK 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 Secretay, Ministry of Education, Dhaka and Others …â€......Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK 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 Secretay, Ministry of Education, Dhaka and Others ………………â...... SK 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 Secretay, Ministry of Education, Dhaka and Others …………………….Petitioners Vs. Md. Ariful Islam and others …………â€......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretay, Ministry of Education, Dhaka and Others …………………….Petitioners Vs. Md. Ariful Islam and others ………………..Respondents Order March 30, 2011. La..

Category: Procedural Law | Date: | Hits: 106

Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)

....h November, 1991 by which the afore­said property was acquired under the (Emergency) Requisition Property Act, 1948. 3. His case in short is that the property in question was requisitioned by the Government vide Requisition Case No.43/1974f-48 and vested in the Government. The writ petitioner wh......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......so Reported in: VIII ADC (2011) 23....... Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The Deputy Commissioner and another …………..........Petitioners Vs. Md. Abu Taher and another ……………………………………....Respondents Order ..

Category: Property Law | Date: | Hits: 81

Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

.... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......f 2005 with Criminal Appeal No.1439 of 2005 and Jail Appeal No.344 of 2005). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 18th, 19th and 20th day of November,......Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 312 of 2009. (From the judgment and order dated the 18th, 19th and 20th day of November, 2008 passed by the High Court Division in D...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mamun Sheikh Mamun.................................Petitioner Vs. The State…………...........................................Respondent Order April ..

Category: Criminal Law | Date: | Hits: 49

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

.... the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian ill......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19....... Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents Judgment April 18, ......CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents ..

Category: Property Law | Date: | Hits: 93

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....VIII ADC (2011) 217. ......) 217. ...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judg......AD 90, VIII ADC (2011) 217. ..

Category: Civil Law | Date: | Hits: 174

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cas......inal Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to......iction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly ......ion (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004...

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

.... registration of the trade mark and since registration the appellant are in the manufacture of the product and its product gained much popularity in the market. It has further been contended that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the res......Express" in respect of the cigarette, manufactured tobacco falling in class 34. The said Trade Mark was initially registered in erstwhile Pakistan on 11‑5‑1943 and thereafter it was registered in Bangladesh under the Bangladesh Trade Mark Invalidation and Summary Registration Order, 1973, namely...... Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers involved: ...... Division (Special Statutory Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January ..

Category: Intellectual Property Law | Date: | Hits: 226

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....PLD 1974 Lahore 256. Lawyers involved: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case......l J Nurul Islam Babul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others V......abul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, ......04) 347. ..

Category: Criminal Law | Date: | Hits: 60

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Refe......t High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- ......344. ..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

.... the Code, inasmuch as, a police officer has the power to arrest a person under this section on any of the grounds contained therein whereas, an order of detention of a person can only be made by the Government or a District Magistrate or Additional District Magistrate, as the case may be, if the sa......C 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117; Aftabur Rahman @ Jongi Vs. State, 45 DLR 593, Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Class, Parivati Puram, AIR 197...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August ..

Category: Criminal Law | Date: | Hits: 70

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285......., also, a crime against basic Human Right and is violative of victim's most cherished Fundamental Right that is Right to Life enshrined in Article 32 of The Constitution oil' the People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Spec......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:......HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....ining mutation of 0.8266 acres of land in the name of the petitioner and 4.13 acres of land out of 4.96 acres of land was ordered to be recorded in Khatian No. 1 treating the same as khas land of the Government. Photostat copy of the order sheet of the said Miscellaneous Case No. 32 of 1993-94 along......” For Respondents. Writ Petition No. 84 of 1994. Judgment Bijan Kumar Das J. - This Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause why the initiation of the proceedin......rt Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Bijan Kumar Das J Abarak Ali…………………… Petitioner Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent Judgment August 11, 1998. Lawyers ...... DLR (HCD) (1999) 183...

Category: Property Law | Date: | Hits: 172

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....s per terms 4, 7 and 8 no industry was established, and commenced. 20. Then, said defendant No.4 issued the letter dated 12‑10‑1994 informing the plaintiff that his lease was cancelled and the Government would re‑enter into the land under terms 16(9) and 42 of the lease document. 21. Whe......cts are not disputed that the suit plot was allotted to the plaintiff. On receipt of requisite fees, a deed of lease was executed and registered on behalf of the President of the People's Republic of Bangladesh by one authorised officer of the Ministry of Works. 18. Said deed of lease stipulated,......on) Present: Md. Abdur Rashid J S Rahman Miah J Sultan Mahmud Chowdhury ............................................................Appellant Vs. Secretary, Ministry of Public Works and Urban Development & others........Respondents Judgment March 22, 2004. Case Referre...... Division (Original Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Sultan Mahmud Chowdhury ............................................................Appellant Vs. Secretary, Ministry of Public Works and Urban Development & others........Respondents ..

Category: Property Law | Date: | Hits: 73

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....53) was though shown to have been served on 30‑10‑65 for acquisition but was not served on them. On 17‑1‑66 another notice under section 93A(4)(b) of said Act was served on them. In 1972, the Government took over possession of said land giving very negligible price of the land. Since the acq......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur ...... High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Refe......9. ..

Category: Property Law | Date: | Hits: 77

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......urt High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judg......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec......reme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents ..

Category: Criminal Law | Date: | Hits: 63