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Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

...., in brief), the learned Judge of the Adalat issued warrant of arrest against the petition­er. The petitioner came to know about the suit, the execution case, warrant of arrest, etc, from the notice published in the Daily Jugantor dated 24-9-2010 in Money Execution Case No.42 of 2002. This resulted...... pay the decretal dues, the Bank filed Money Decree Execution Case No.7 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said case was disallowed on 14-5-2001. The order sheet of the execution has been destroyed. The decree-holder-Bank thereafter, filed the second......ct. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......rt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June ..

Category: Civil Law | Date: | Hits: 83

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ganj, for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conviction for the offence punishable under sections 302/34 of the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the lea......the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......nd Abdul Jalil for the said offence but sentenced each of them to suffer imprisonment for life and also to pay a fine of Tk. 500.00, in default to suffer rigorous imprisonment for a further period of one year. Being aggrieved by the impugned order of their conviction and sentence those six accused p..

Category: Criminal Law | Date: | Hits: 91

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

....h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......yers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.413 of 2009. (From the judgment and order dated 5.1.2009 passed by the High Court Division in Civil Revision No.1412 of 1997.) Judgme......t by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......e Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mujibul Huq and others……………………………………….....Petitioners Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others…........Respond..

Category: Property Law | Date: | Hits: 68

State Vs. Sabu and others, 2009, 38 CLC (AD)

.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......orney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 280 of 2008. (From the Judgment and order dated 11.03.2008 passed by the High Court Division in Criminal Appeal No. 255 of 2005) Judg...... in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... (Criminal) Present: M M Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October ..

Category: Criminal Law | Date: | Hits: 71

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......oner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the High Court Division in Criminal Miscellaneous Case No.18532 of 2......tionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......llate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State……………………………………………….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 98

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......e next in the course of his argument upon placing the baina patra submits that the Court of appeal below rightly doubted the baina patra inasmuch as baina patra itself manifests that the plaintiff in order to fill up the lacuna at the belated stage stated in the baina patra (Exhibit-1) by hand writi......also Reported in: 16 BLC (2011) 791. ......C (2011) 791. ..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......or US $ 6,81,250 and GTEDAK063307 for US $ 6,75,000 (Annexures-"E" and "E"-1" respective­ly) both dated 6-11-2006 issued by HSBC in BCIC's favour. 4. It So transpired that the relevant pur­chase orders were cancelled by BCIC with the Performance Guarantees consequently risking forfeiture at whi....................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority, 43 DLR 1; Bangladesh Telegraph and Telephone Boar......C (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

State Vs. Jabbar, 2010, 39 CLC (AD)

....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judg......of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......upreme Court Appellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State ..........................................Petitioner Vs. Jabbar………………………………………………………… Respondent ..

Category: Criminal Law | Date: | Hits: 53

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....reject­ing the petition filed under Article 102 of the Constitution, being the Writ Petition No.7430 of.2008. 2. The above writ petition was filed chal­lenging the legality of the auction notice published under Section 12(3) read with Section 33(1) of the Artho Rin Adalat Ain,2003, on the groun......te, instructed by Abu Siddique, Advocate-on-Record-For Respondent No. 2. Not repre­sented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1896 of 2008. (From the Judgment and order dated 22.09.2008 passed by the High Court Division in Writ Petition No.7430 of 2008) Judgme......of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......te Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice an..

Category: Procedural Law | Date: | Hits: 76

Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.693 of 2009. (From the Judgment and order dated 19.02.2009 passed by the High Court Division in Civil Revision No.3393 of 2008.) Judg...... the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......t: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Sanowara Begum and others……………………............Petitioners Vs. Mohammad Rashedul Hoque and others……………........Respondents Judgment ..

Category: Administrative Law | Date: | Hits: 166

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......r Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment......tition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another………………………………Respondents Judgment..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......rney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 20......ion is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......reme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others…...................Petitioners Vs. Ansarul Huq ..............................................................Respondent..

Category: Administrative Law | Date: | Hits: 206

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.430 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1340 of 1999.) Judg......or leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abu Musa Bhuiyan and another……………….........Petitioners Vs. Mohammad Ali alias Alimullah and others ..............Respondents Judgment Aug..

Category: Property Law | Date: | Hits: 71

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......d: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Ex-parte-the Respondents. Civil Appeal No. 46 of 2002. (From the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No.1050 of ...... appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......2nd day of July, 1998 passed by the High Court Division in Writ Petition No. 1050 of 1998 summarily rejecting the petition. 2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company. It filed a return showing income at TK. 1,42,532.00 for the asses..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......oners. A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.352 of 2008). Judgm......stance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......Civil) Present: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Daliluddin and others………………….....................Petitioners Vs. Md. Mokarram Hossain…………………………………...........Respondent ..

Category: Property Law | Date: | Hits: 79

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 501 of 2010. (From the judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order ......ril, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......un Ara Sultana J Syed Mahmud Hossain J Bangladesh repre­sented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13,..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....r Rule 182 of the Defence of Pakistan Rules. Its assets and liabilities including maintenance and man­agement were vested in the Additional Custodian Enemy Property (Judge) by a Gazette Notification published on Friday, the 12th May, 1967 from Karachi. After the independence, the property automatiÂ......nstructed by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.1093 of 2010. (From the judgment and order dated 17.02.2010 passed by the High Court Division in First Appeal No.117 of 1998). Judgmen......stance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ...... (Civil) Present: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Nurul Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Co..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......lam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Appeal No.203 of 2004. (From the judgment and order dated 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment......ost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ...... of land out of the suit Nos.184, 404 and the other owners Mari Bibi and Banu Bibi executed an agreement for sale on 24th April, 1984 in respect of some lands out of same plots on receipt of advance money and handed over possession of the suit lands on the same day. When the vendors refused to execu..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... Let copy of this judgment be sent to the Hon’ble Minister, Ministry of law, justice and parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ......te this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ......evisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mohammad Hossain and others…………………………………Appellants Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others…â€..

Category: Property Law | Date: | Hits: 66

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

.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... punishable under Section 302 read with Section 34 of the Penal Code is, hereby, confirmed. 14. Accordingly, in confirmation of the findings and the sentence and conviction of the Tribunal, it is ordered that the absconding Condemned Prisoner Kazol having been found guilty under Sections 302 and....... Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......urt High Court Division (Criminal Appellate Jurisdiction) Present: Syed Refaat Ahmed J Md. Habibul Gani J The State……………………………………………………Petitioner Vs. Kazol ……………………………………………………Condemned Prisoner ..

Category: Criminal Law | Date: | Hits: 106