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Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....………...Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, Assistant Attorney General-For the Responden......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......ondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, Assistant Attorney General-For the Respondent no. 1. Md......f an aspiring candidate for appointment as Nikah Registrar was issued to examine the legality of a panel of three candidates for granting license of Nikah Registrar for Kadla union area within Kachua Police Station of Chandpur District and forwarding the same to the Ministry of Law, Justice and Parl..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....aran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Attorney-General, with Monjur Kader, Deputy Attorney-General Md.Monowar Hossain Khan, Deputy Attorney-General Bilkis Fatema (Jeeblu), Ass......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Attorney-General, with Monjur Kader, Deputy Attorney-General Md.Monowar Hossain Khan, Deputy Attorney-General......;188 of the Code of Criminal Procedure, passed by the learned Special Judge, Court No. 3, Dhaka in Special Case No.17 of 2001 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment Police Station Case No. 08 dated 26-10-2009 under sections 2/4(2) of the Money Laundering ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Jamila Khatun Vs. State, 2012, 41 CLC (AD)

....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......y rejecting an application filed by her under section 561A of the Code of Criminal Procedure (the Code). 2. On 14-7-2007, one Hafizul Islam, son of Md. Wahed Mondal @ Ohid of village Nawpara, Police Station Mirpur as informant lodged a written First Information Report (FIR) with Bhernamara ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....5) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant Attorney General Advocates—For the Respond......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......ferred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant Attorney General Advocates—For the Respondents. Writ ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......4; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Se...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)

....uch it can not be said that it is a legal judgment and thereby, there is no bar to re-call the signed judgment and order and to re-hear the Rule. 6. On the other hand, Mr. MH Sarder, the learned Deputy Attorney-General opposed the application for re-hearing of the Rule. 7. We have heard th......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ...... Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate—For the Petitioner. MH Sarder, DAG with Gazi Md. Mamunur Rashid, Assistant Attorney-General Md. Asaduzzaman, Assistant Attorney-General—For the State. Criminal Miscellaneous......y the accused-petitioner for re-calling the Judgment and order dated 4-7-2012 passed by a Division Bench of this Court discharging the Rule. 3. At the instance of one Dilip Kumar Biswash Tejgaon Police Station Case No.14(1) 08, corresponding to GR No.18 of 2008 under Sections  420/465/467/..

Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....4 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General— For the Respondents.......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......ddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General— For the Respondents. Writ Petit......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

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

....7). Md. Bahar Uddin Al-Razi, Advocate appointed by the National Legal Aid Committee, Dhaka, Bangladesh— For the condemned-appellant (In Jail Appeal No.303 of 2007). Md. Khurshed Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General and Mahmuda Parvee......bag and thrown away into a 'doba' at Garua Mouza at a distance of about 50/60 yards from Solia Mouza. On coming to know about the beheaded female dead body lying at Solia Mouza, the P.W.3 Sub-Inspector Md. Mainul Islam of Savar Police Station visited the spot, held an inquest on the beheaded......ar Uddin Al-Razi, Advocate appointed by the National Legal Aid Committee, Dhaka, Bangladesh— For the condemned-appellant (In Jail Appeal No.303 of 2007). Md. Khurshed Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General and Mahmuda Parveen, Assistant Att......iction and sentence dated 03-04-2007 passed by Mr. SM Solaiman, Additional Sessions Judge, 6th Court, Dhaka in Sessions Case No.90 of 2001 arising out of GR Case No.668 of 2000 corresponding to Savar Police Station Case No.34 dated 27-9-2000. By the impugned judgment and order, the learned Additiona..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....D) Ltd 64 DLR (AD) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......D) 100. Lawyers Involved: Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petitio......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....vernment and Local Authority Lands and Buildings (Recovery of  Possession) Ordinance, 1970 (Ordinance 24 of 1970) issued by the Senior Assistant Commissioner, Vested Property Cell, Office of the Deputy Commissioner, Dhaka asking the petitioner and two others to handover a piece of land after re......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......hin the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. Ju......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......h Vs. State of Punjab, AIR 1956,SC 460; State of UP Vs. Sughar Singh, AIR 1978 SC 191; State of Uttar Pradesh Vs. Ram Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbub Hos......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......gh Vs. State of Punjab, AIR 1956,SC 460; State of U.P. Vs. Sughar Singh, AIR 1978 SC 191;State of Uttar Pradesh Vs. Ram. Kishun, AIR 1976 SC 2304. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Khandker Mahbub Hossa...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....s principal defendant No.1 and one Mr. Akhtaruzzaman, Director Eastern Housing Limited as principal defendant No.2, the Chairman, RAJUK and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as pro-forma defendant Nos.3 and 4 (although in law there is nothing as p......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....ity to give such direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—For Opposite-party No.1. Zahirul Hoque Zahir, Deputy Attorney General with Md. Jashim Uddin, Assistant Attorney General and Shah Abdul Hatem, Assi......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ...... direction…......(7) Lawyers Involved: Md. Ali Khan, Advocate-For the Petitioner Md. Ali Zinah, Advocate—For Opposite-party No.1. Zahirul Hoque Zahir, Deputy Attorney General with Md. Jashim Uddin, Assistant Attorney General and Shah Abdul Hatem, Assistant Attorney G......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......urt Division (Civil) Present: Soumendra Sarker J Md. Mosharraf Ali Khan and others………………….....Petitioners Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Baris......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ....... Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: SM Rezaul Karim, Advocate with Md. Abdur Razzak, Advocate—For the Petitioner. Md. Jashimuddin, Assistant Attorney-General and Shah Abdul Hatem, Assistant Attorney-General—For the State-Opposite-Party No. 1. ......ner, a Rule was issued calling upon the pposite-parties to show cause as to why the impugned proceedings of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sec­tions 409/109 of the Penal Code read with ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Judgment November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Resp......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......November 8, 2012. Result: The Rule is disposed of with direction. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 an......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......th each other, have committed offence under sections 420/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act No.II of 1947). Thereafter, one Md. Abdul Hai, Sub-Inspector of Dhanmondi Police Station as informant lodged the First Information Report (F.I.R.) agai......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......cellaneous Case No.19433 of 2012 making the Rule absolute and quashing the proceedings of Special Case No.30 of 2007 arising out of Metropolitan Special Case No.150 of 2007 originating from Dhanmondi Police Station Case No.9 dated 05.06.2007 corresponding to A.C.C. G.R. No. 48/2007, now pending in t..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....ity of the accused in this case; (iv)The confession of the accused is voluntary and true (although there is no confession made by the accused under Section 164 of the Code). 11. The learned Deputy Attorney General appearing for the State supports the reference and submits that the victim w......P.W.7 Maijuddin, P.W.8 Rafiq Ahmed are the local witnesses but they had no knowledge about the occurrence and cause of death of the victim. The defence declined to cross-examine them. P.W.9 Inspector Md. Asaduzzaman. He deposed that after lodging of the FIR the case was entrusted to him fo......ed in this case; (iv)The confession of the accused is voluntary and true (although there is no confession made by the accused under Section 164 of the Code). 11. The learned Deputy Attorney General appearing for the State supports the reference and submits that the victim was lastly seen w......since deceased) elder son of Md. Karam Ali Karigor (P.W.1) of village Hasanpur, P.S. Mehendigonj, District Barisal aged about 30/32 years, before 7/8 years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the daily payment ba..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7