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Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......ty Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judgment ......e Nari-o- Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Informant, Sanjoy Kumar Das (P.W.5) lodged an ejahar with Moulvibazar Police Station on 22.4.1998 against the petitioner and two others bringing allegation of torturing h..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......ce policies and as such the suit is liable to be dismissed. 8. The plaintiff examined three witnesses while the contesting defendants, i.e. the insurer examined one witness who was the Assistant General Manager, Head Office, Sadharan Bima Corporation, Dhaka. The defendant Nos.3 and 4, the Janat......tunately, there was an ammonia gas leakage inside the cold storage on 22.05.1992 wherein frozen shrimps were stored. The news of accident of ammonia gas leakage was communicated to the Insurer, Bank, Police Station, Fire Brigade and Civil Defence etc. immediately. On 23.05.1992 the plaintiff wrote l..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....loped that at their own cost with their legitimate expectation that they would be given permanent settlement of the said land. The writ petitioners applied for permanent lease of the said land to the Deputy Commissioner, Noakhali and the Deputy Commissioner, Noakhali, for the purpose of giving perma......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......e land to the writ petitioners, for, this is solely in the discretion of the concerned officials of the Government.……………………(10) Lawyers Involved: Murad Reza, Additional Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners. Lutfor Rahman Mondal,......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... absolute. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder with M. Sayed Ahmed, Advocate-for the Respondent No. 5. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ...... Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder with M. Sayed Ahmed, Advocate-for the Respondent No. 5. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Petition......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......……………………………(5) Lawyers Involved: Saifuddin Ahmed Chowdhury, Advocate, instructed Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Attorney General, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent Nos.1-11 & 13......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....he election of the 9th Parliament for Tangail-5 Constituency held on 29.12.2008, the appellant and respondent Nos.1-4 were the contesting candidates. At the initial stage of the election process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about d......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......Supreme Court Appellate Division Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......n the middle like the whole-seller or retailer, although pay VAT, but get the same credited or adjusted from the final vat paid by the consumer. Thus, the ultimate burden is on the consumer. 38. Generally, VAT is collected and deposited by the Seller or service provider or facility provider upo......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......r as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....(2001) SCC 118. Lawyers Involved: NK Saha, Advocate—For the Appellants. Minal Hossain. Advocate—For the Respondents. MI Faroouqi, Senior Advocate, Abdus Salam Mondal, Deputy Attorney-General—Appeared as Amiens Curia. First Appeal No.527 of 2001. Judgm......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... Lawyers Involved: NK Saha, Advocate—For the Appellants. Minal Hossain. Advocate—For the Respondents. MI Faroouqi, Senior Advocate, Abdus Salam Mondal, Deputy Attorney-General—Appeared as Amiens Curia. First Appeal No.527 of 2001. Judgment Nazrul ......40. The receiver is also directed to take help of the police force if necessary for the purpose of tak­ing over possession of the suit property and in this connection the Dhaka Metropolitan  Police Commissioner is directed to assist the receiver appointed in this connection with police forc..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

......Respondents Judgment February 2, 2012. Result: The rule is hence made absolute. Lawyers involved: Manzill Murshid, Advocate-for the Petitioner ABM Altaf Hossain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for the Respondents ......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:...... Judgment February 2, 2012. Result: The rule is hence made absolute. Lawyers involved: Manzill Murshid, Advocate-for the Petitioner ABM Altaf Hossain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for the Respondents Writ Petition No......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....)   Lawyers Involved: None appears - For the Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Anti-Corruption Commis­sion.  Shafiul Bashar Bhandary, Deputy Attorney General - For the State. Criminal Revision No.16 of 1994. Judgment Md......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ...... Lawyers Involved: None appears - For the Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Anti-Corruption Commis­sion.  Shafiul Bashar Bhandary, Deputy Attorney General - For the State. Criminal Revision No.16 of 1994. Judgment Md. Emdadul Huq J.......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......…Respondent Judgment February 2, 2012. Result: The appeal is dismissed. Lawyers Involved: M. A. Wahab, Advocate - For the Appellants. Yousuf Mahmud Morshed, Assistant Attorney General- For the Respondent. Criminal Appeal No. 4653 of 2005. Judgment Md. Ruhul Quddus J.......l No.5, Dhaka framing charge against the accused-appellants under section 6(1) of the said Ain on rejection of their application for discharge in Nario-Shishu Case No.98 of 2004 arising out of Mirpur Police Station Case No.80 (9) 03 corresponding to G. R. No.3910 of 2003. 2. Facts leading to this..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

.... 44 DLR (AD) 225. Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants (In Criminal Appeal No. 3 of 2006). Md. Shohrowardi, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Responden......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ....... Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants (In Criminal Appeal No. 3 of 2006). Md. Shohrowardi, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondent (In Criminal A......left the place giving threat that they would teach him a lesson (উচিৎ শিক্ষা). After completing the burial of the victim, the PW lodged the First Information Report with Jaintapur Police Station on 18-7-1995. 30. The prosecution in all produced 20 wit­nesses in support o..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......Sripal Jain, AIR 1963 SC 1323; Rohit Pulp and Paper Mills Ltd. Vs. Collector of Central Excise, Baroda, (1990) 3 SCC 447; Bombay Vs. Hospital Mazdoor Savha, AIR 1960 SC 610; Privy Council in Attorney-General for Ortario Vs. Mercer, (Jyy3) AC 767 (778);Lord Campbell in RV. Edmundson (1859) 28 LJMC 21......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

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

....Habibur Rahman Mollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - For the petitioner. KM Zahid Sarwar, Deputy Attorney General with Dr. M. Basirullah, Assistant Attorney General - For the State. Cri......t's order dated 02.06.07, a case being Jhenaidaha Sadar Thana Case No.02 dated 02.06.07 under section 304A/34 of the Penal Code was lodged. 4. The Investigating Officer Mozammel Hossain, Sub-Inspector, Jhenaidaha Thana, was entrusted with the task of investigation of the case. During the in......ollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - For the petitioner. KM Zahid Sarwar, Deputy Attorney General with Dr. M. Basirullah, Assistant Attorney General - For the State. Criminal Miscellane......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......LR (AD) 21; M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR, 65; Abdul Hakim Khan Vs. Lahore Improvement Trust, The Mall, Lahore, PLD 1950 Lah 32 and Juggilal Vs. General Fiber Dealers, AIR 1962 SC 1123. Lawyers Involved: Syed Amirul Islam with MA Samnd...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....it No.404 of 1977 in the Court of Subordinate Judge, Rajshahi praying for a declaration that he was a cit­izen of Bangladesh and also for declaration of his title in the suit land. The Additional Deputy Commissioner (Revenue) Rajshahi and the custodi­an of vested non-resident property of Raj...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......ion in connection with VP Case No.1140 of 1977 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property. 3. The writ petitioner's case as sta..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......strict Judge, 3rd Court, Dhaka for specific performance of contract impleading the present petitioners as defendant Nos.4 and 5 and respondent Nos.2, 3, 5-10 as defendant Nos.1, 2 and 6-11. Brigadier General M. Atiqur Rahman (since dead), father of the present petitioners was impleaded as defendant ...... 3. In the plaint, it was stated, inter alia, that the plaintiff entered into an agreement with defendant No.2 to purchase a flat being No.2/A, Tulip DOHS, Street No.6/B (Banani) within Cantonment Police Station. The sale price of the above flat was fixed at Taka 30, 00,000. A tripartite agreemen..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawyers Involved: Md. Khurshid A lam Khan, Advocate—For the Petitioner. MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ......), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawyers Involved: Md. Khurshid A lam Khan, Advocate—For the Petitioner. MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, Assistant Atto......the crossing point of Road No.14, and Shere Bangla Road of Dhanmondi area by the police personnel who were on petrol duty in that area; with regard to recovery of such pistol and cartridges Dhanmondi Police Station Case No. 21(2) 93 under section 19A and (f) of the Arms Act, 1878 was started against..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2