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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. ...... Criminal Miscellaneous Case No.1852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton......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. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Abul Hashem.............................Accused-Petitioner Vs. The State………………………..

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)

....within the meaning of the Rules. Those are exactly what they are. But those contain information. Information about violations of human rights, injustice and oppression. 53.What is the purpose of publishing this kind of news items in the print and electronic media? It is to bring, among others, ...... and others…………………..Respondents (In both the appeals) Judgment May 12, 2011. Result: Both the appeals are allowed in part with the orders. Cases Referred to- Government of Bangladesh and another Vs. Sheikh Hasina and anot......               ......(Art.31), protection of right to life and personal liberty (Art.32) etc. 9. Besides, Article 148 provides for taking oath or affirmation by the Judges of the Supreme Court, among others, as mentioned in the Third Schedule of the Constitution, before entering upon the office. 10. The oath (..

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

Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)

.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......(Panchlaish Zone) under Section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpos......re quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......2011) 357...

Category: Banking Law | Date: 12 May, 2011 | Hits: 251

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. ...... Case No.89 dated 30-9-2007 corresponding to ACC GR No.10 of 2007, now pending in the Court of Special Judge, Court No.7, Sher-e-Bangla Nagar, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is...... Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......iminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Obaidul Kader (Md.)………………………Petitioner Vs. State……………………….Opp..

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

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

....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: .......12.1995. The plaintiff prayed to the Court to pass a preliminary decree in favour of the plaintiff for an amount of Tk. 1, 53,412/- (including interest and panel interest) and also prayed to pass an order to give all expenses including interest and panel interest to the bank. The defendant conteste......a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......ing loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. After observin..

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

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

....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ...... Act, 1994 to the Hon'ble High Court Division of the Supreme Court of Bangladesh which was registered as Company matter No.3 of 1997 but afterwards did not press the mat­ter. The plaintiff in order to harass the defendants filed the said application in the wrong forum with no cause of action...... also Reported in: 65 DLR (HCD) (2013) 11.     ...... She further informed that she did nei­ther transfer any shares nor put any signa­ture for transferring her share and further asserted that if any shares was found to be transferred that was done by forging her signature. Despite of repeated request for getting back her shares there held no ..

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

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......lied necessaries of electrical items as per list dated 23-10-2008 for the period of 7-10-2008 to 23-10-2008. The plaintiff also made services as per service report to the defendant No.1 vessel by the order of the disponent owner/charterer the defendant No. 2 which commenced on 30-9-2008 and further ...... the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......ndant No.5 M/S. Mariners Transport System Co. 67, Agrabad Commercial Area, Chittagong. 2. Kysco shipping Co. Ltd. R.M.710, Daesung Bldg# 01,Naesco-Dong, chonguo-Gu, Seoul, republic of Korea, Disponent Owner/Charterer of the vessel M.V. BF Glory (Ex-kunai) now berth at CUFL, Jetty P.S. Bandar, C..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was pre­ferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbar......vation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......earned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, is that one Md. Kamrul Bhuiyan being informant lodged a First Information Report with Brahmanbaria police st..

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......d, Bangladesh Inland Water Transport Authority (BIWTA), M/S. Sontosh Overseas Freight, Business Services Corporation and Rupali Bank Ltd., as principal defendants and also added defendant No.10 by an order of this Court, dated 14-8-1996, M/S. Atlas Shipping Lines Ltd., as principal defendant whereup......urisdiction)                 Present: AFM Abdur Rahman J       M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor......nable period any information of shipment nor any documents showing shipments of the goods either from the supplier, the defendant No. 6 or from the defendant No.8 the L/C opener Bank, although it was one of the terms of contract in the L/C that all shipments under this credit must be advised by the ..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......e-on-Record-For Appel­lants. AM Aminuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Appeal No.70 of 2004. (From the judgment and order dated 21st July, 2002 Passed by the High Court Division in Writ Petition No.1953 of 1996) ......as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......া’ within the meaning of মূল্য সংযোজন কর আইন, ১৯৯১, in English which is known as Value Added Tax (VAT). 2. The respondent No.1 herein (the petitioner in the writ petition), is the managing director of one Gemcon Ltd., a company. It is engaged in..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......ral-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting ......ond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ...... Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that the Officer-in-charge of Naoapara food godown, M..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)

.... section 5 (Ga Ga) and 27 (Ka Ka) of the ব্যাংক কোম্পানী আইন, ১৯৯১ (the Act, in short). But the petitioners were treated as loan defaulters in the CIB report published by the Bangladesh Bank against Borrower Code Nos.92100, 92030 and 37581. The BASIC Bank Li......ome other valid reasons. In view of the above, there is no scope of the petitioners being aggrieved by the CIB Report. Therefore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. Th......ns without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......n: ..

Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ...... General-For the respondent. Criminal Appeal No.914 of 1996. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 30.6.1996 passed by the Special Tribunal No.6, Barisal in Special Tribunal Case No.89 of......re released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ...... Vs. The State …………………………………........... Respondent Judgment April 17, 2011. Result: The appeal is allowed. Lawyers Involved: No one- For the appellant. Ms. Rona Nahrin, Assistant Attorney General-For the respondent. Cr..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)

....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absence of issuance of letter of indent or work order, and before making any communication of approval for filling station, the writ-petitioner can......rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Madam Justice Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Padma Oil Company Limited.............Petitioner Vs. Md. Abdus Samad and others………….......Respondents Judgment 7 A..

Category: Others | Date: 7 Apr, 2011 | Hits: 7

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

....power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Local Government (Pourashava) Election Rules, 2010 a final voter list was required to be prepared and published by the Election Commission for every Pourashava for holding election but the Election Comm......aufique Hossain, Advocate-on-Record- For Respondent No.10. None represented-For Respondent Nos.1-9 and 14-16. Civil Petition for Leave to Appeal No. 511 of 2011. (From the judgment and order dated the 15th day of February, 2011 passed by the High Court Division in Writ Petition Nos. 9......o Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......hab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Kartic Das Gupta…………………………Petitioner Vs. Election Commission of Bangladesh and others………….......

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

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

....hosh 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 refugees migrated ......d was published in the name of Gandola Sheikh, which was the nick name of Meher Mondal. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. The plaintiffs in order to prove their case cited three witnesses, namely, plaintiff No.1 Md. Jahir Uddin as P.W.1, on...... Send down the lower Court records. Ed. This Case is also Reported in: ......s also Reported in: ..

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

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......or the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chua......stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......t High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Aynal Haque ……………………………………………Petitioner Vs. The State ……………………………………………….Opposite party J..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

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

....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. ......;      Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal bef......his order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......rieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to the appellate authority against the decision..........................(32) Abuse of..

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

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......part of the main petition. 2. One Md. Zaved Khan has filed this appli­cation under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010 passed by the learned Senior Special Judge...... to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......011) 221. ..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

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

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......or the respondent. Criminal Appeal No. 7893 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Niarjatan Daman Ain, 2000 against the order dated 25.11.2010 passed by the Nari-O- Shishu Nirjatan Daman Tribunal, Narail in Nari-O-Shishu......e in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... of 2010 corresponding to Narail P.S. Case No. 11 dated 7.4.2010 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narail Police Station against 4 accused persons alleging tha..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77