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Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......ty Judgment February 2, 2012. Result: The Rule is disposed of. The Code of Criminal Procedure, 1898 (Act No. V of 1898); sections 242, 265 D (1) The charge framing order should be very speaking with regard to involvement of the accused-petitioner in the alleged of...... Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......ion (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohamad Ullah J Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Oppo..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ....... Criminal Appeal No. 4653 of 2005. Judgment Md. Ruhul Quddus J.-This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 at the instance of two accused is directed against order dated 3.5.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.5, Dhaka framing charge ......th the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......o the instant criminal appeal. Mr. M. A. Wahab, learned Advocate appearing for the appellants submitted that they have been falsely implicated in the present criminal case out of a civil dispute with one Nurunnabi Chowdhury. The CID of Police had thoroughly investigated into the allegations and subm..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ...... by Md. Zahirul Islam, Advocate-on-Record— For the Respondent (In Criminal Appeal No.3 of 2006) Criminal Appeal No. 3 of 2006 with Jail Petition No. 14 of 2004. (From the judgment and order dated the 8th day of March, 2004 passed by the High Court Division in Death Reference No. 14 o......t for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......to interfere with his conviction. Appellate Division find no ground to commute the sentence…… (25) All the eye witnesses to the occurrence categorically stated about only one blow given by the appellant, Muzibur Rahman on the head of the deceased and none said about..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....ation of notifications and thereupon Bengal Tenancy Act stood repealed on those areas or districts. All holders of land within the areas in respect of which compensation assessment-roll has been published, became tenants under the Government. Section 81A of Act, 1950 provides rights and liabili......Respondent Nos.1-1(b) (In Civil Appeal No.202 of 2003) None Represented—For the Respondent Nos.2-10. Civil Appeal No. 202 of 2003 with CP No. 1568 of 2007. (From the judgment and order dated the 18th day of October, 20011 passed by the High Court Division in Civil Revision No.25......her Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ...... definitely permanent in nature though as per section 58 of the Act mortgage is the transfer of an interest in specific "immovable property" for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- This appeal at the instance of a complainant is directed against judgment and order dated 29.7.1989 passed by the Magistrate of first class, Cox’s Bazar in Complaint Case No.18...... Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......��……………………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul ..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......laint was filed which was accepted under section 156(3) of the Code of Criminal Procedure and the Officer-in-Charge of Jhenaidaha Sadar Thana was directed to treat it as F.I.R. As per the court's order dated 02.06.07, a case being Jhenaidaha Sadar Thana Case No.02 dated 02.06.07 under section 30......municate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......eous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………&hel..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......enior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. For the Respondents—Not represented. Civil Review Petition No.126 of 2009. (From the judgment and order dated 25th May, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No......smissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others………………………………………..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......sh;For the Appellant. Mahbubey Alam, Senior Advocate, instructed by Md. Wali-ul-Islam, Advocate-on-Record—For the Respondents. Civil Appeal No. 223 of 2005 (From the judgment and order dated 27-7-2OM passed by the High Court Division in F.A. No. 282 of 2003) Judgment M......and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......ge, 5th Court, Dhaka upon hearing the parties rejected the written objection on 7-5-2000 holding that the same is barred by Article 158 of the Limitation Act and also for failing to deposit security money with the written objection in violation of the provisions of section 33 of the Arbitration..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......ul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1 None represented—For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.1911 of 2009. (From the judgment and order dated 7-7-2009 passed by the High Court Division in Writ Petition No.7259 of 2005). Judgm......ve petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......uar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 2010 passed by the High Court Division in First Appeal No.328 of 20......on is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others......................Respondents Judgment ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......State. Criminal Revision No.1283 of 1993. Judgment M Enayetur Rahim J. — This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the judgment and order dated 9-8-1993 passed by the Sessions Judge, Dhaka, in Criminal Miscellaneous Case No. 1313 of......is Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......e appeal is allowed with direction. Section 196 B of the Customs Act, 1969 As per section 196 B of the Act the Tribunal has jurisdiction either to confirm or modify or annul the decision or order appealed against, but the Tribunal neither confirmed nor modified or annulled the decision or ......foresaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......ivision (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18,..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......ondents without issuing any notice upon the petitioner violated the principle of Natural Justice without giving any hearing and most arbitrarily canceled the license of the petitioner by the impugned order (Annexure-D) which should be declared to have been made and issued without lawful authority an...... hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18,..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

.... entitled to share in a ratable distribution of asserts, or whose interests are affected by the sale, may apply to the Court to set-aside the sale on the ground of a material irregularity or fraud in publishing or conducting it; Provided that no sale shall be set-aside on the ground of irregula......vil Procedure 1908 on the grounds provided in the said provisions. In the instant case the judgment debtors once filed an application under Order XXI Rule 90 of the CPC. The execution court vide order No.150 dated 15-3-2004 rejected the said application of the judgment debtors after giving deta...... This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... Civil Procedure, 1908, Order XXI, rule 9, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Commi..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... been possessing the same in ejmali and that a Partition Suit being No.37 of 1994 was pending for partition of the ancestral properties of the defendant and his brothers and in that partition suit an order of status-quo in respect of transfer of the suit property and changing the nature and cha......or leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... Imman Ali J Md. Shamsul Huda J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......nal Order No.119 of 2010 with connected Civil Rule No. 299 (FM) 2010. Judgment Md. Nuruzzaman J. - The instant appeal, at the instance of the respondent is directed against the judgment and order dated 18-3-2010 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous Case ...... 152 ...... party. Although already on behalf of the respondent it has been stated that it is a compact project without his presence proper adjudication of the dispute will not be possible at all. In that case none of the parties restrained the 3rd Party to start the another arbitral proceeding or join the pro..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......al No.1285 of 2005 And Jail Appeal No.1286 of 2005. Judgment Md. Ruhul Quddus J.- These two appeals under section 420 of the Code of Criminal Procedure are directed against judgment and order dated 27.9.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.2, Jhenaidah in Nari-o-......th, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......Nirjatan Damon Ain, 2000 and sentencing each of them thereunder to suffer imprisonment for life with a fine of Taka 5,000/- (five thousand) only in default to suffer rigorous imprisonment for another one year. Since both the appeals have arisen out of same judgment and have been heard together, thes..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... of the Arbitration Act, 2001, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third pa......tion 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......his Case is also Reported in: ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......he petitioner brought the Writ Petition. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate for the petitioner submits that at the time of issuance of the Rule this Division passed ad-interim order against which the respondent went to the Appellate Division and the Appellate Division by its ......vation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgme..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)

....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......1 of 2008 punishable under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of 5th Joint Metropolitan Sessions Judge, Dhaka shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In short, the case of the pro......ntioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment..

Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452

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