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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: The petition is disposed of. Lawyers Involved: ASM Abdul Mobin, Advocate instructed by Nurul Islam Bhuiayn, Advocate-on-Reco..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....e respective parties. 11. Now, the pertinent question arises as to whether the impugned proceeding is liable to be quashed or not. To decide this issue, it will be necessary to see the extent of principles and categories of cases in which High Court Division may invoke its extra-ordinary power ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......Chowdhury Vs. State, 28 DLR (AD) 38; Jamir Uddin Vs. SM Safi 16 BLC 577; Sanwar Hossain Moni Vs. State 16 BLC (AD) 71; Nurun Nabi Vs. State 17 BLC 340; Mrs. LP Christiat Vs. Ch Suryanarayana Criminal Law Journal (2007) 2010; Dr. Md. Mofizur Rahman Vs. Md. Bashrullah 55 DLR 630; Jubayer Vs. State, 15..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....puted questions can be adjudicated and resolved, which is not possible in a quashing proceeding under section 561A of the Code of Criminal Procedure, where jurisdiction is limited by the settled principles. So, the decision of the Appellate Division as referred to by the learned Advocate of the......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: 17 BLC (HCD) (2012) 778. ......BLC 26; 15 BLC 107; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277; Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Habibur Rahman Mollah Vs. State, 62 DLR (AD) 233. Lawyers Involved: Rafiq-ul-Huq with Maudud Ahmed, Advocate appearing in person Ahsanul Karim mi..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......ccused-Petitioner Vs. State…………….................Opposite-Party Judgment October 4, 2012. Result: The application is disposed of. Lawyers Involved: Md. Zainul Abedin, Senior Advocate with Md. Sagir Hossain, Advocate—For..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....pon the judgment passed in earlier Writ Petition No. 6891 of 2002 which was apparently made in contravention of Order XXI, rule 83 (3) of the Code of Civil Procedure and also in violation of the principle of natural justice, inasmuch as, the direction was made without affording the Agrani ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ...........Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: The appeals are disposed of with observations. Lawyers Involved: Md. Zafar Ullah Chowdhury, Advocate, instructed by Sufia Khatun, Advocate-on-..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......y either division of the Supreme Court shall binding on all courts subordinate to it. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court......... (26) Lawyers Involved: Shamim Khaled Ahmed, Advocate with Syed Hasan Zobair, Advocate—For the ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....the court below did not properly disclosed the incriminating evidence against the appellants who are present in dock and faced the trial. Section 342 of the Code of Criminal Procedure is based on the principle involved in the "Maxim audi alteram partem-that is no one should be, condemned unhear...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......535; State Vs. Monu Mian and others, 54 DLR (AD)(2002)60; Mizazul Islam @ Dablu Vs. State, 41 DLR (AD) 157; Shahid Mia and another Vs. The State and another; 60 DLR (HCD) 371; AIR 1972 (SC) 535. Lawyers Involved: S.M. RezaulKarim, Advocate With Md. Abdur Razzak, Advocate and Ms. Afifa Begu..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
.... "Accused presumed to be innocent of the charge till guilt is established by legal evidence No particular number of witnesses legally required to prove the offence. The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not requ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... Vs. State 51 DLR 83; Iftekhar Hasan Choudhury (Md.) Vs. State 47 DLR 451; Md. Harisuddin Vs. State 20 BLD 576; Md. Alauddin Vs. State 22 BLD 256=7 BLC 54; Muslimuddin Vs. State 38 DLR (AD) 311. Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appel..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....a show. P.W.5 Asheda categorically proved the same now a pertinent question is involved if there is scope to quash the impugned judgment and order of conviction. 21. It is now a well-established principle of law that quashment under section 561A of the Code of Criminal Procedure is possible in ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ........................Accused-Petitioners Vs. State............................................Opposite-Party Judgment August 29, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears—For the Petitioners. Bishmadev Chakraborty, Deputy ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......gs should not run for an indefinite period It is well settled that the criminal proceedings should not be at all have indefinite period for the cause of pendency of civil suit......... (10) Lawyers Involved: No one appears—For the Petitioner. Md. Ensan Ullah Shaikh, Assista..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......nt case Police officials proved the case of recovery of firearm from the possession of the convict appellant by such unimpeachable evidence……………….. (15) Lawyers Involved: No one Appears—For the Appellant. Bishmadev Chakrabortty, Deputy A..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... Nidan Ali Vs. State, 4 BLC at page 264; Zillur Rahaman alias Zillur Vs. State, 6 BLC page 254; Uzzal and Golam Rasul alias Mamun Vs. the state, 15 MLR 311;SM Kamal Vs. State, 6 BLC 123. Lawyers Involved: ZH Bhuiyan, Advocate—For the Petitioner. Md. Abdul Khaleque, Assis..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......h was effective from 1-7-2006. 6. In pursuance of the meeting dated 29-9-2008 held between the Respondent No.1 and the Petitioner along with Grameen Phone Bangladesh Limited and Telecom Malaysia International Bangladesh-regarding GSM Spectrum Assignment of GSM1800 MHz Band, one Anamika Bha......r 41 DLR (AD) 30; Solicitor Vs. Syed Sanwar Ali 27 DLR (AD)16; Tabarak Ali Sikder Vs. Administration of Waqfs 45 DLR 70; Ali Ekabbar Vs. Bangladesh 47 DLR (AD) 394;1958 PLD 73 (FB); 1975 PLD 69. Lawyers Involved: Rokanuddin Mahmud, Md. Asaduzzaman, Imtiaz Uddin Ahmad Asif and Nazmun Nahar ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......al assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate, instructed by Mohammad Ali, Advoca..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....ngs (Supplementary Provisions) Ordinance, 1985 (in short Ordinance of 1985)and that even the Government is not bound by a decree passed in a suit for specific performance of contract in view of the principle enunciated by this Division in the Case of CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 7......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......inistry of Works Vs. Md. Abdul Jalil, 48 DLR (AD)10; CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Bangladesh, represented by the Secretary, Ministry of Works Vs. Helal Uddin, 4 MLR (AD)140. Lawyers Involved: Rajik-al-]alil, Deputy Attorney-General, instructed by Zainul Abedin, Advocat..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......e-Applicant Vs. Commissioner of Taxes...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....t find any illegality in the decision and order dated 6-3-2012 passed by Review Panel-2. 24. In addition to the above findings by us, we also find that the Managing Director of BTCL is barred by principle of estoppel to challenge the impugned decision and order of the Review Panel-2 as he has c......pany owned by the Government and provides fixed phone telephone services to the country. It is stated that the Government of Bangladesh has executed a Loan Agreement with the erstwhile Japan Bank for International Co-operation (hereinafter referred to as JBIC), which has been renamed as Japan Intern......unds under Rule 56(Ka) to file a formal complaint and schedule no-2 of the PPR clearly states that the complaint should be filed within 7 days after becoming aware of such grounds.......... (22) Lawyers Involved: Fida M Kamal with Raisuddin Ahmed—For the petitioners. (In Writ Petitio..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....nment. These do not create any legal right in favour of any person to ask for return of unutilized land validly acquired under the law" respectively. We do not see any reason to deviate from the principles of law as decided by this Division in the above two cases, but the question to be seen is......ppointed on 14-7-1996) and Aircraft Mechanic (appointed on 14-7-1996) respectively on casual basis for 90 days against permanent posts in the Engineering Division of Bangladesh Biman Corporation, Zia International Airport, Dhaka (hereinafter referred to as the Biman) which were extended for the sec&...... All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171; Abdul Bashar Vs. Bangladesh, 50 DLR (AD) 11. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Musfiqur Rahman, Advocate-on..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18