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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......ls) Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun Advocate-on-Record- For Respondent (In both appeals) Civil Appeal Nos. 148-149 of 2007. (From the judgment and order dated 7th July, 2004 passed by the High Court Division in First Appeal Nos.48 and 49 of 2002) ...... Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6 BLC (AD) 99; Uttar Pradesh Cooperative Fed......ere heard by this Division simultaneously and are disposed of by this judgment. 3. The facts leading to the litigation may be stated briefly as follows: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahan..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ...... Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No.185 of 2008.) Jud......miss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......hammad Imman Ali J Md. Shamsul Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents J..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......d by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the...... impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ...... None represented- For the Respondents (In both the Cases) Civil Petition for Leave to Appeal No. 2356 Of 2010 With Contempt Petition No.05 of 2011. (From the judgment and order dated the 24th day of February, 2010 passed by the High Court Division in Writ Petition No.998...... For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ...... Muhammad Imman Ali J Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Minis..

Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

.... for hearing of arguments and at that stage the case was transferred from the Court of Sessions, Madaripur to the Druto Bichar Tribunal No.1, Dhaka by gazette notification that S.R.O. No.348-Ain/2010 published under the signature of the Assistant Secretary, Ministry of Home Affairs on 14.10.2010. Ch......tition for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 31.10.2011 passed by the High Court Division in Writ Petition No.624 of 2011 discharging......n. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ...... Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respon..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Anti-Corruption Com­mission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)

....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2010 passed by the High Court Division in Criminal Miscellaneous C......Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ...... Court Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Com­mission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2,..

Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... Zahangir, Advocate-on-Record—For Respondent Nos.1 and 2. Respondent Nos.3-15—Not rep­resented. Civil Petition for Leave to Appeal No.64 of 2011. (From the judgment and order dated 08.08.2010 passed by the High Court Division in Civil Revision No.2882 of 2009.) Or......Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......mad Imman Ali J Md. Shamsul Huda J Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others………………&..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......1993, framed charge under section 409 of Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 6. Thereafter the petitioner approached this Court and obtained the Rule and order of stay as stated above. 7. None appears for the petitioner. Md. Abdul Rahman Howlader, t......dge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......visional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Sohrab Ali Dewan……………………………..Petitioner Vs. State………………………&hel..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Somed Ali Vs. State, 2011, 40 CLC (AD)

....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ed: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Reference N......ail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Somed Ali...............................................Petitioner Vs. The State................................................Respondent Judgment..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)

.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......64 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District and ...... Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......ut of Pirgonj P.S. Case No.4 dated 11-2-2003 corre­sponding to GR No.56 of 2003 convicting the appellant under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suf­fer rigorous imprisonment for two months mo..

Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and oth­ers, 2011, 40 CLC (AD)

....record." Security of Tk. 1,000/- is to be deposit­ed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......ed Mahbubar Rahman, Advocate-on-Record—For Respondent No.14. Respondent Nos. 3-13, 15 & 16—Not represented. Civil Petition for Leave to Appeal No.1728 of 2009. (From the judgment and order dated 28.05.2009 passed by the High Court Division in First Miscellaneous Appeal No.3.2 of 200...... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and oth­ers...........................Respondents Order..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......d the previous decision should not be followed where error is likely to be perpetuated and wrong may also be committed. Moreover, on the change of law the decision is also to be properly evaluated in order to implement the existing law in its true perspective……………&......Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......ellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Moulana Motiur Rahman Nizami………………….Accused-petitioner Vs. Anti-Corruption Commission and another……………&h..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)

.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......ate instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Respondent Nos. 2-5—Not repre­sented. Civil Appeal No. 266 of 2009. (From the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003.) Jud......ssed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......e judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003 making the Rule absolute. 2. The respondent No.1, Mohammad Shahjahan filed the above mentioned writ petition challenging an office order vide memo dated 17.12.2002 cancelling fixa­tion o..

Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133

Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)

.... return him back to the service of the corporation. The learned Judges also observed that when the Government took decision on 27-09-1982 to disinvest the nationalised Jute Mills and the decision was published in the Gazette notification, BJMC could not make the release order of the petitioner on 30......For the Appellant. Abdur Rab Chowdhury, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents. Civil Appeal No.200 of 2003. (From the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.361......ned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..........................Appellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him....

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152

JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......er be formed part of the main petition. 2. At the instance of the petitioner, IMS Glass Industries Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the order bearing Nothi No.৪৪/মুসক/০৬ dated 28-6-2006 passed by the respondent No.3 giv......h this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Re..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... under sections 409/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of th......th law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......esent: Khondker Musa Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another…………………&hellip..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)

....rative Bank Ltd. There was a project for construction of a new market at Choi Ani Bazar for which an allocation of Taka 27,00,000 was made. For execution of the project work there was a condition for publishing a tender notice in two national dailies but the accused with the malafide intention did n...........Respondents Judgment  December 8, 2011. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 4......s criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... Syed Mahmud Hossain J Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)…………………........Petitioner Vs. State and another...........................Respondents Judgment  ..

Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3

Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)

....Annexure-1) issued under the signature of respondent No.3. 3. Facts relevant for disposal of the petition for leave to appeal are that at the instance of the respondent No.2 an advertisement was published on 18.01.2007 in the newspaper for appointment of Assistant Teacher of Government Primary ......rs. Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by the High Court Division in Writ Petition No.3614 of 2008) Judg......smissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter................................................Respondent Jud..

Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204

Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)

....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... the room of her daughter Mukit Mitra when she was preparing her lesson and offered a bad proposal to her; as her daughter declined, the respondent No.1 then tried to outrage her modesty forcibly; at one stage of the scuffle her daughter screamed and then her wife Anjali Rani Mitra rushed to the roo..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......ment AKM Fazlur Rahman J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain), preferred by accused Golam Ahmed, is directed against the order dated 2-11-2010 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Sunamganj, (hereinafter r......discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......ner of occurrence as alleged in the FIR is preposterous and suffers from infirmity and improbability. The consent of the victim was not obtained practicing fraud. Sexual intercourse was not an act of one day, but for six years. Such act do not constitute an offence of rape punishable under section 9..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233