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Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

....D) 44 = 2BLC (AD)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner.  Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite Party No.2.  KM Zahid Sarwar, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.28908 of 2009. Judgmen...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner.  Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite Party No.2.  KM Zahid Sarwar, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.28908 of 2009. Judgment Siddiqur Ra...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......king Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port Authority, Ban..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......e (3) of Rule 60, the contention that the decision of the Review Panel is contra­dictory is misconceived and has no substance. 7. As against this, Mr. Murad Reza, learned Additional Attorney-General (appearing in personal capacity), appearing along with Mr. Khandaker Reza-e-Raquib, Mr. Imra......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

..................................Respondent Judgment August 14, 2011. Lawyers Involved: Muhammad Nazrul Islam with Md. Ahasanullah Chowdhury, Advocates-For the appellants. Nazibur Rahman, Deputy Attorney General-For the respondent. Not represented- respondent No.2. Criminal Appeal......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ....................Respondent Judgment August 14, 2011. Lawyers Involved: Muhammad Nazrul Islam with Md. Ahasanullah Chowdhury, Advocates-For the appellants. Nazibur Rahman, Deputy Attorney General-For the respondent. Not represented- respondent No.2. Criminal Appeal No. 8196 of 200......e was fixed for trial on 9.11.2008, when the appellants filed an application under section 344 of the Code of Criminal Procedure for staying all further proceedings of the case till disposal of Badda Police Station Case No.13(6)07 pending before the Chief Metropolitan Magistrate, Dhaka and Title Sui..

Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91

Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......dgment August 9, 2011. Result: The appeal is allowed. Lawyers Involved: S.M. Shahjahan with Md. Mohinur Rahman, Advocate - For the Appellant. Md. Monwar Hossain, Assistant Attorney General - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J......aka 20,000/- in default to suffer rigorous imprisonment for another six months. 2. Facts leading to this appeal, in brief, are that the informant Md. Salim (P.W.1) lodged an ejahar with Lakshmipur Police Station on 9.5.2000 alleging inter alia that his daughter Fatema Begum (P.W.2) was a student ..

Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165

Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)

......................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum, Advoc....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..

Category: Property Law | Date: 25 Jul, 2011 | Hits: 83

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s. Malli-karun, AIR 1960 SC 137; Achutananda Baidya Vs. Profulla Kumar Gayen, AIR 1997 SC 2077; Harun-Or-Rashid Vs. Pubali Bank 60 DLR (AD) 18; Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; Babul Vs. Deputy Commjssion, Noakhali 49 DLR (AD) 111; State of Haryana Vs. Ch. Bhajan Lal, AIR 1992 (SC) 604......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......ion approved the views taken in MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR(AD) 206 and Nasar Ahmed Vs. Bangladesh, 49 DLR(AD) 111 observing, 'the contention raised by the learned Attorney-General that writ peti­tion filed by the respondent challenging the proceeding in the aforesaid sp......e in the following terms: "Issue a Rule Nisi calling upon the Res­pondents to show cause as to why all fur­ther proceedings/investigation of GR Case No.915/2008 corresponding to Joydepur Police Station Case No.53 dated 14-8-2008 now pending in the Court of Chief Judicial Magistrate, Ga..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

.... (SC) 110; Shahjahan Vs. State, 46 DLR 575; Mojibur Rahman Vs. State, 13 MLR 88; Ali Akbor Khan Vs. State, 34 DLR 94; Matiar Rahman Vs. State, 11 MLR 437. Lawyers Involved: MA Mannan Mahon, Deputy Attorney General, Md. Moniruzzaman, Assistant Attorney General, Md. Mahbub Ul Alam, Assistant......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ......ahan Vs. State, 46 DLR 575; Mojibur Rahman Vs. State, 13 MLR 88; Ali Akbor Khan Vs. State, 34 DLR 94; Matiar Rahman Vs. State, 11 MLR 437. Lawyers Involved: MA Mannan Mahon, Deputy Attorney General, Md. Moniruzzaman, Assistant Attorney General, Md. Mahbub Ul Alam, Assistant Attorney Genera......boy having raised teeth kept a bag at the scene. Then the prosecution was launched by lodging a first information report by SI Lutfor Rahman (P.W.1) as informant which was recorded as Jhenaidah Sadar Police Station case No.17 dated 17-8-2005 corresponding to GR No.217 of 2005. 5. During investi..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......t, 3 No. Juthy Gate, Chittagong. 5. Seacom Shipping Lines Ltd. Taher Chamber (3rd Floor) 10, Agrabad C/A, Chittagong………………………………………………Defendants 6. M/S. City General Insurance Co. Ltd.B.B Avenue Branch, 28, B.B. Avenue, Dhaka. 7. M/S. Van Ommeren Tank Te...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

....Advocate - For the Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Opposite Party No.1.  Ashique Rubait, Advocate - For the Opposite Party No.2.  Sakila Rowshan, Deputy Attorney-General - For the Opposite Party No.1.  Criminal Miscellaneous Case No.295......deposited against their respective accounts. But the money had not been entered in their accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police Station against the accused persons namely (1......he Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Opposite Party No.1.  Ashique Rubait, Advocate - For the Opposite Party No.2.  Sakila Rowshan, Deputy Attorney-General - For the Opposite Party No.1.  Criminal Miscellaneous Case No.2956 of 2005. ......ocedure, this Rule was issued calling upon the opposite party to show cause as to why the proceed­ing of Special Case No. of 2005, arising out of the GR Go. 1144 of 2004, corresponding to Kotwali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ly vague. The High Court Division noticed that the plaintiffs-petitioners stated the date of death of Mr. Md. Lutfor Rahman to be in the middle of the year 2004 and that the certificate issued by the General Secretary of the Bar Association (Annexure-A to the supplementary affi­davit) showed tha......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Nazir Vs. State, 2011, 40 CLC (HCD)

....Vs. State, 59 DLR (AD) 93; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193 = 37 DLR (AD) 139. Lawyers Involved: Md. Shah Alam Dewan, Advocate—For the Petitioner. Md. Shohrowardi, Deputy Attorney-General with Md. Nazibur Rahman, Assistant Attorney-General & Md. Monjur Kader, ...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......judgment and order based on the evidence of interested witness is not sustainable in the eye of law…….... (17) Police officer-cum informant should not be investigation officer Generally an informant who is a police officer should not be investigating officer to maintain the n...... same person, the informant is an interested witness and the impugned judgment and order based on the evidence of interested witness is not sustainable in the eye of law…….... (17) Police officer-cum informant should not be investigation officer Generally an informant who is ..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- the appellant. Shah Abdul Hatem, Assistant Attorney General-For the state-respondent. Criminal Appeal No. 5815 of 2008. Judgment Md. Ruhul Qudd......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......pellant admitted his guilt for doing unbecoming behavior with the informant on 9.4.2006 and gave a written admission to that effect. Accordingly she lodged FIR. 3. The case was investigated by Sub-Inspector Siddiqur Rahman P.W.14 who submitted charge sheet against the accused appellant under sect......1 BLD (AD) 81. Lawyers Involved: Md. Aminul Hoque with Abdullah-Al-Mahmud Chowdhury, A.F.M. Saiful Karim-For the appellant. Md. Aminur Rahman Chowdhury, Mrs. Monzu Naznin, Assistant Attorney General-For the respondent No.1. Mominuddin-For the respondent No.1. Criminal Appeal No. 6821 ...... Criminal Appeal No. 6821 of 2009. Judgment Shahidul Islam J. - This appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 pass..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....tijheel Commercial Area, Dhaka and the said land was acquired by the opposite party No. 4 in a L. A. Case being No. 1/85-86 for expansion of Motijheel Commercial Area, Dhaka. The opposite party No.4, Deputy Commissioner of Dhaka fixed the value of the said acquired land against which the present opp......ule is herby vacated. 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:......ule is herby vacated. 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:......ule is herby vacated. 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:..

Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....The Rule is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, Advocate with A.B.M. Altaf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment ......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ......osed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, Advocate with A.B.M. Altaf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment AHM Shamsudd......ouring and throwing hellacious substances in the river. 18. We do, nevertheless, contemplate that presence of personnel from the BIWTA, BIWTC, WASA, Dhaka City Corporation, Dhaka Metropolitan Police, Academics on such subjects as civil, chemical, hydrological engineering are indispensable. ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....na National Petroleum Corporation BGP Inc. also registered with register of Joint Companies & Firms under No. F667 issue No.34442-48 dated 25-02-2010 and Tax Identification Certificate from the Deputy Commissioner of Taxes No.176-201-8105/Coy-17 dated 20-05-2010. To comply with these permissi......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ...... Fast Track Programme. In response to the said invitation the petitioner submitted an EOI on 28.10.2009 containing necessary information and particulars about the petitioner-company, signed by the General Manager, BGP (Bangladesh) International. It has also been contended that EOI, in fact, was ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21