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Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....or deeds or exonerations made or proceedings taken under the said Ordinance by the Truth and Accountability Commission was made without lawful authority and is no legal effect. 3. Initially, the Government of Bangla­desh, represented by the Secretary, President's Secretariat and 4(four) others......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ed Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Kamal Hossain, Advocate-For the Petitioner. Ms. Farida Yeasmin, Assistant Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. -  In this R...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......the case narrated in the FIR. As such ingredients of section 5(2) of the Prevention of Corruption Act, 1947 are absent. Similarly, we find no allegation that the petitioner had deceived or induced anybody and thereby com­mitted any act of cheating. 12. It is now settled law that, the sancti..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....1) 879. ......tted:- “a) the High Court Division committed gross error of law in holding that the previous owner of land remains a co-owner of the part acquired vested property together with acquiring/requiring body and that the acquiring/requiring body is not entitled to recover possession of acquired vested ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......ey went to visit their maternal aunt’s house. Suddenly Abdul Hashem caught her and forcibly committed rape upon her showing fear of knife and threatened her not to disclose the occurrence to anybody. While his daughter became pregnant for 5 months, he himself and his wife created pressure upon..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....ellip;…..Appellant (In Civil Appeal No.593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of R......f extraordinary nature were available only to the King to protect his interest but were not available to any of his subjects. Even by the writ of habeas corpus, the Court commanded to ‘have the body’ of a person before it but not for setting him free, rather, to put him in prison. Simila..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... word 'স্বাধীন' has been used in the company of the expression “ও নিরপেক্ষ” with intent to denote that the ACC should be an independent and neutral body in exercising its powers and discretion under the Act. It would be absurd to interpret the word..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

....The defendant receiving this amount of money had been running his business. On 15.05.1988 was the deadline for repayment of the loan. Within this time the defendant did not pay the loan amount. Since Government declared to exempt the loanees from paying interest, the said decision was informed to th......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....dvocate appearing for the defendant No.7- appellant sub­mitted that the suit as stands framed is not maintain­able without a prayer for consequential relief. Mr. Karim relied upon the case of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90 and the case of Dudu Mia Vs. ...... on 31-7-1990 submit­ted another application to the defendant to give effect to the application dated 23-7-1990. By the said letter she requested to the defendants not to transfer any share to anybody else but with no result. (e) Thereafter the plaintiff requested the defendant No.4 on 4-9-..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....voter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Local Government (Pourashava) Election Rules, 20......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

....lord Mrinal Kanti Ghosh Chowdhury. A company named Bagda Firm Ltd. represented by its Managing Director, Anil Chakraborty was a tenant therein under the landlord. Subsequently the suit land vested in Government and was published in khas khatian. The Government under a policy of rehabilitation of the...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....preferred the instant appeal before this Court which was admitted on 27-8-2009. 8.  Mr. Moin Uddin, the learned Advocate appearing for the convict appellant submits that after change of the Government in 2001, the present appellant was illegally removed from his service by RAJUK. Thereafte......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......he house of broth­er-in-law, she was dragged by the accused to his tin shade hut and then accused Nazu was committed rape upon her. Thereafter, the accused told her not to disclose the matter to any body and also assured her to have married very soon. She did not disclose the same to none due to sh..

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Chunnu Vs. State, 2011, 40 CLC (HCD)

....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......nd the said dying declaration of the deceased corroborated each other as to the participation and role played by the Appellants in the killing. Thus, since both the Appellants have dealt blows on the body of the deceased, it has been proved that they did it in fur­therance of their common intent..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......anaging its affairs by its Memorandum and Articles of Association. In that view of the matter the impugned order signed by respondent No. 7 on behalf of respondent No. 4, which is neither a statutory body nor a local authority or person per­forming functions in the service of the Republic the in..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......use of holding No.48/K Dhalganagar, they challenged 2 boys aged about 14/15 years. One was able to flee away and one i.e. the petitioner was caught red handed by the informant party. On searching the body of the petitioner, found a revolver loaded with 2 round bullets. They informed the matter to th..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

....dant-Appellant-Petitioner Vs. Rabi Chowdhury………………………Opposite Parties Judgment March 11, 2012. Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Rai...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

.... The petitioner, Professor Muhammad Yunus has preferred the instant writ petition under Article 102(2)(a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued v......pondent No.4 has also been advised to take appropriate measures in this regard. 4. The petitioner’s case, in brief, is that the petitioner, aged 70, is the Managing Director of Grameen Bank, a body established under the Grameen Bank Ordinance, 1983 - shortly the Ordinance. In 2006, the petiti..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Kazol and others Vs. State, 2011, 40 CLC (HCD)

....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......0.00 (Five thousand); thereafter he did not return home up to 11.02.2003 for which they were waiting for his father with anxiety; On 11.02.2003 at about 6 P.M the informant came to know that the dead body of his father was floating in the pond of Iqbal Hossain and hence the case. 3. After investi..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....andra Saha, 36 DLR (AD) 220; Muhammad Siddiq Muhammad Umar Vs. Australasia Bank Ltd, PLD 1966 SC 684; Arjan Singh Vs. Kartar Singh, 1951 AIR SC 193; Syed Abdul Khader Vs. Rami Reddy, AIR 1979 SC 553; Government of Bangladesh Vs. Noorjahan Khan, 8 BLT (AD) 1. Lawyers Involved: Abdul Wadud B......in was the father of the defendant No. 2 who at the rel­evant time used to serve in the Investment Board of Bangladesh as a Director and, as such, he was nei­ther Chairman nor Director nor anybody in the said company and there is no such expression in the com­pany law, namely, "Auth..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5