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Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....amount of Tk. 15,500/- from the possession of the said Upazila Nirbahi Officer on searching his body for which he could not give any satisfactory answer. The said Upazila Nirbahi Officer being a high Government Official received the said amount of money, as bribe, and thereby-committed an offence pu......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......us Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another……………………&helli..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....hu Nirjatan Daman Tribunal, Sirajgonj in Nari-o-Shishu Case No.764 of 2006; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Fahima Nasrin Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-F......; Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, 13 DLR 203; Nari-o-Shishu Nirjatan ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Responde..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....three appeals, First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a ...... First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a single Judgmen...... High Court Division (Civil) Present: Sharif Uddin Chaklader J Md Emdadul Haque Azad J Shamsul Hossain...............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Ap...... 74 ..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)

.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......490. ......ision (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Delwar Hossai J Shafiullah Chowdhury and others…………………..Accused-Petitioners Vs. The State……………………Opposite party Judgment August 12, 2009. Re..

Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... Bashi Saha and they became Indian Citizen and the plaintiffs father Shudhagshu and his father's elder brother Saytendra Kumar became owners in possession of the suit land left by Nagor Bashi Saha in Bangladesh and they were residing in ejmali with Gagon Chandra Saha. Gagon Chandra Saha had two daug......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe......T (AD) (2013) 13. ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....on of Emergency on 11-1-2007, the appellant was arrested by the joint forces on 3-2-2007 under Rule 16 of the Emergency Power Rules, 2007. While the appellant was in custody of the jail authority the Government served notice of detention upon him in the Jail custody. Subsequently, his detention orde......xtures and other household items. (ii) A licensed revolver and a single bore gun. (iii) About Taka 90,00,000 deposited with IFIC Bank Ltd, Gulshan Branch, Dhaka; Janata Bank, Kachua Branch, Bangladesh; Krishi Bank, Savar Branch, Bangladesh; Krishi Bank, Gulbahar Branch and Grameen Bank, Gu...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......urt High Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Resul..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter is of great......esult: রুলটি খরচা ব্যতিরেকে এ্যাব্সলিউট্ করা হইল। এই রীট্ মোকাদ্দমাটি Continuing mandamus হিসাবে অব্যাহত থাকিবে। বাংলাদেশ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)

....ossessing the suit land through tenants as well as by her family members for more than 12 years by erecting 8 semi pucca rooms and taking electric, water and gas connection and by paying rents to the Government. That in the last survey attested Khatian No.44975 has been correctly prepared in the nam...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella......Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others…………………&hel..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....the service on 25-8-1984 i.e. 2 years after the Service Rules came into force but during the said period when there was dearth of qualified Engineers the Bangladesh Power Development Board like other Government Institutions acted under compelling circum­stances, similar to the provision in circular...... ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2...... Mohammad Fazlul Karim J Joynul Abedin J SAN Mominur Rahman J         Bangladesh Power Development Board & others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....the service on 25-8-1984 i.e. 2 years after the Service Rules came into force but during the said period when there was dearth of qualified Engineers the Bangladesh Power Development Board like other Government Institutions acted under compelling circum­stances, similar to the provision in circular...... ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2...... Mohammad Fazlul Karim J Joynul Abedin J SAN Mominur Rahman J         Bangladesh Power Development Board & others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....as been further submitted by the learned Advocates that Biman Bangladesh Airlines Limited is a public body within the meaning of the said Service Regulations and 100% shares of Biman are owned by the Government. He therefore, submits that Bangladesh Biman Airlines Limited is not a pri­vate company ......upreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All......t High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules ......213. ..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Sheikh Md. Nurul Haque Vs. State and anoth­er, 2009, 38 CLC (HCD)

....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......reme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sheikh Md. Nurul Haque…………………………Petitioner Vs. The State and anoth­er…………………………Opposite Parties Judgment May 26, 2009. Result: ...... (2010) 162. ..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

.... Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Re......rted in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......h Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. C..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....e applied in a case when there is possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running......e. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law sho......…............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009.  Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed.   The Nari-o-Shishu Nirjata......gh Court Division (Criminal Appellate Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Haque Azad J State. ……………............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009...

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... common to notes, bills and cheques which has confined its application to the three kinds of Instruments stated hereinbefore. 29. Many changes in the political and economic life of the people of Bangladesh, especially after the advent of independence, have taken place which has invested the sta......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....h Court Division, in short, are that petitioner No.1 who started his career on 20.03.1968 as a Lecturer of Chemistry in the Carmichael College and on 16.12.2003 retired as Principal of the Palashbari Government College at Gaibandha after a teaching career of thirty five years. Petitioner No.2 is his......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ......Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 200..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

....e aforesaid Heba-bil-ewaz deeds got the suit jama mutated in her name vide Mutation Case No.298/9-2/97-98 and 299/9-2/97-98 and since then has been pos­sessing the suit land by paying rent to the Government. It is further contended that the plaintiffs without having any right title and interest ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent......Present: Afzal Hossain Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………&helli..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......with ulterior motive she converted them as a written statement by the defendant No.1 admitting the contract and prayed for dis­missal for the suit. 4. The defendant No.3, the People's Republic of Bangladesh contested the suit by filing written statement contending, inter alia, that the suit is n......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ed in: VII ADC (2010) 155. ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......or the respondents.  Writ Petition No.1344 of 2009. Judgment Syed Mahmud Hossain J.- In this appli­cation under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respon­dents to show cause as to why th...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&...... Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another…………………&h..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182