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State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....no Court shall proceed with the trial. It is also not acceptable that the Court shall proceed with holding trial in such a case of grave nature by nominating an Advocate to act as a defence lawyer at Government ex­penses in the midst of examining the prose­cution witnesses as it was done in ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is al­lowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ......ue J The State………………………………………………………..State Vs. Md. Abdul Gofur………………………&hel..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......earned advocates appeared on behalf of the Investigating Officer, Md. Rezaul Karim. In Criminal Miscellaneous (Suo Motu Rule) No.3198 of 2005 Ms. Sigma Huda, learned advocate appears on behalf of the Bangladesh Society for the Enforcement of Human Rights (BSEHR) and submits that the Society, upon in......n (Criminal Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J The State…………………………………………..Appellant Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Resu......98. ..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......al Jurisdiction) Present: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Par..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....1 was student of dull brain and as such he started his education late and studied in different institutions in different ways. The date of birth of the plaintiff No.1 was noted in the register of the Government Hazrahati Primary School as 10.07.1981 and in fact he was 24 years of age at the time of ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu...... (Civil Revisional Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Jud..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….......al Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Re­sponden......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Re­spondents Jud...... Dilkusha Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

.... the case of the defendant No.3 (petitioner) is that as Mohini Mohan Chowdhury, the owner of the suit land migrated to India after partition of India, the suit land by operation of land vested to the Government as vested property. 9. The trial Court on consideration of the evidence found the sa......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......in: 26 BLD (HCD) (2007) 488. ......dian, Vested Property, Jamalpur………………………………………………….Petitioner Vs. Md. Ubbar Mondal and others……………….Opposite Partie..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......he ticket were attached to the ejahar. Subsequently the accused along with Motor Cycle and hundi money were taken to Battalion Head Quarter. On 15.9.2003 at 11.00 hours and on search Tk.5,50,600/- in Bangladesh currency was recovered. Subsequently mobile number given by the accused, accused Muklesur...... Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of ...... Court High Court Division (Criminal Jurisdiction) Present: Khademul Islam Chowdhury J Ashfaque Islam J Md. Durul Islam………………………………….Accused-Appellants Vs. The State……………………………………………. Respondent Judgment July..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h......hellip;…………………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others…………………&h..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....nd others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that the suit taluks along with its khas lands originally ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......Nirmalandu Nath Majumder……………………………………………………Petitioner Vs. The State…………………………&h..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....nt of Tk.2,14,50,715.00 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the peti­tioner moved with w......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ...... J.-Rule was issued calling upon the Respon­dents to show cause as to why the Notice be­ing Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a......ment (Pvt.) Ltd……………………………………………………….Petitioner Vs. The Commissioner of Customs, Customs House, Dhaka & ors…………..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ka and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly c...... 657. ......eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ...... (2008) 657. ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is......the Tribunal....................(21 & 22) Cases Referred to- Khairunnessa Vs. Illy Begum, 48 DLR (AD) 67; Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR 1; Mongol Chand Nandi Vs. Bangladesh, 5 BLT (AD) 1=2 BLC (AD) 18; Arun Karmoker Vs. State, 7 MLR (AD) 82=7 BLC (AD) 61;  ......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h......hellip;…………………………………………………………..Appellant Vs. The State…………………………&h..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....4 para-11 a Divi­sion Bench of this Court discussed the devel­opment of the concerned laws in the follow­ing terms: "Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing ......­tion…………….(30) Cases Referred to- Shinepukur Holdings Ltd. Vs. Secu­rity Exchange Commission, 50 DLR (HCD) 291 at page 294 para-11; Cohen Vs. Kittell, (1889) 22 QBD 680; Chairman, Bangladesh Steel Mills Vs. Md. Massood Reza, 30 DLR (SC) 169; Md. Shamsul Islam Khan Vs. The Secret......CD) (2008) 57. ......risdiction) Present: Md. Muzammel Hossain J Farid Ah­med J National Securities and Consultant Ltd……………………………………………………..Petitioner Vs. The Chairman Securities and Exchange Commission………………………………Respon..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....ngladesh and others reported in 50 DLR(AD)11, where it has been held that "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unuti...... Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director, Rupali Bank Ltd. Vs. Chairman, 1st Labour Court & others, 46 DLR (HC) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir......ported in: 28 BLD (HCD) (2008) 427. ......tion) Present: Md. Muzammel Hossain J Farid Ahmed J Hasmot Ali and others……………………………………………………………………………Petitioners Vs. The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....esh, 1972, Article 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country a......176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......8) 40; 13 MLR (HCD) (2008) 233. ...... (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Services Trust (BLAST)................................Petitioner Vs. State and four others................................Respondents Judgment April ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....ril 18, 2006. Result: The Rule is made abso­lute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 21; Bangladesh Krisi Bank Vs. Abdul Mannan, C.A 99/97 and AIR 1966 ......…………….Re­spondents Judgment April 18, 2006. Result: The Rule is made abso­lute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Banglad......……………………………Petitioner Vs. The National University, Gazipur repre­sented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h...... Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud……………………………………Petitioner Vs. The National University, Gazipur repre­sented by the Vice-Chancellor, Gazipur-1706 and ..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....es to com­ply with the direction, such officer may com­pel him to do so by using force. Section 39 deals with the powers of the Director General and other officers as may be authorized by the Government to investigate into the offences under the Act. 13. Under the Act of 1974, a Special......of the Act empowers the Director General or an officer authorized by him, an Inspector of Police or a person above his rank, a Customs Inspector or a person above his rank, an inferior Officer of the Bangladesh Rifles or above his rank, to enter into and search in the manner prescribed thereunder be......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&...... Chowdhury J Rabya Khatun…………………………………………………..Petitioner Vs. The State and another……………………&helli..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ter of the compromise decree whether it is forged or genuine. Learned Senior Assistant Judge, Bagerhat Sadar shall, also, report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 B......er the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......D) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....f the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ....... Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ...... (Civil Jurisdiction) Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opp..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......s than 5 years for the attempt to inflict injury. 26. The said Ain had undergone an amendment namely Nari-O-Shishu Nirjatan Daman (Sangasdhan) Ain, 2003 (Act No.XXX of 2003). It was published in Bangladesh Gazette Extra-Ordinary on 19th July, 2003 and it became effective since that date. 2......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f......(2007) 174. ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127