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Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

....-Parties Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party. Hossain-al-Amin, Advocate—For...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......dgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party. Hossain-al-Amin, Advocate—For the Opposite-Pa...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....................For the respondent Judgment February 1, 2011. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury, Advocate - For the appellant. Biswojit Roy, Deputy Attorney General, with Md. Moniruzzaman, Assistant Attorney General with Kazi Md. Mahmudul Ka......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......For the respondent Judgment February 1, 2011. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury, Advocate - For the appellant. Biswojit Roy, Deputy Attorney General, with Md. Moniruzzaman, Assistant Attorney General with Kazi Md. Mahmudul Karim, Assistant A......re the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal.) Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant seeks bail in Nari-O-Shishu case no. 471 of 2010 arising out of Gournadi Police Station Case no. 13 dated 17-06-2010 corresponding to G.R. no. 116 of 2010 (Gournodi) under s..

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.................................................Respondent Judgment January 31, 2011. Lawyers Involved: MA Shahid Choudhury, Advocate-For the Appellant. Md. Moniruzzaman, Assistant Attorney-General and Kazi Mahmudid Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal ...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......t Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)

....DLR 323; MoWuddin Vs. State, 61 DLR 35;Abdul Haider Sikder Vs. State, 43 DLR (AD) 95. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Kazi M. Ejarul Haque, Deputy Attorney General with Md. Shafquat Hussain, Assistant Attorney General—For the Opposite......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237.   ......n Vs. State, 61 DLR 35;Abdul Haider Sikder Vs. State, 43 DLR (AD) 95. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Kazi M. Ejarul Haque, Deputy Attorney General with Md. Shafquat Hussain, Assistant Attorney General—For the Opposite-party. Cri......f local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. After that, the DB Police prepared a seizure list and took signature of the witnesses on it. On interrogation, the peti..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....orum Vs. Union of India, (1995) 1SCC 14); BNWLA Vs. Bangladesh 14 BLC (2009). Lawyers Involved: Ms. Fahima Nasrin with Ms. Salma Ali, Advocates-For the petitioner. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswash, Assistant Attorney General-For the respondent ......writ petition, this court, upon hearing the submissions of the learned senior members of the bar present in the court, on the same day issued the following four interim directions: “i) the Inspector General of Police (IGP) is hereby directed to take immediate steps to apprehend all stalke......f India, (1995) 1SCC 14); BNWLA Vs. Bangladesh 14 BLC (2009). Lawyers Involved: Ms. Fahima Nasrin with Ms. Salma Ali, Advocates-For the petitioner. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswash, Assistant Attorney General-For the respondent No.2. Writ ........Respondents Judgment January 26, 2011. Result: The Rule is made absolute. Cases Referred To- Muhammad Sharif Vs. State, 9 D.L.R (1957) S. C. 27; State Vs. Metropolitan Police Commissioner; Mohammad Ershad Vs. Bangladesh & others, 21 BLD (AD) 2001 –69; 60 DLR..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ...... has been established in England in the case of Ashby Railway Carnage andiron Co. Ltd. Vs. Rich (1875 LR 7 HL 653) and subsequently this theory was strengthened and applied in the case of Attorney General Vs. Great Eastern Railway Co. 34. The word "ultra" means beyond and the word "vires" m......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....eferred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR (HCD) (1990) 177; Abdur Rouf and others Vs. 38 DLR 197. Lawyers Involved: Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sheikh, and Md. Nurul Islam Matubber, Assistant Attorne......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......oygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR (HCD) (1990) 177; Abdur Rouf and others Vs. 38 DLR 197. Lawyers Involved: Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sheikh, and Md. Nurul Islam Matubber, Assistant Attorney-Generals - For......and are disposed of by this Judgment. 2. The prosecution case, in short, is as follows:- One Md. Rajbul Hossain, on 1.11.2002 at 12-15 hours, being informant lodged ejahar with the Jhikorgachha Police Station to the effect that having gone to the house of his sister Monoara she informed him th..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. ......institutions. The Managing Committee of the schools were directed to identify the teachers who mete out corporal punishment and to take punitive action against them. The circular further directed the Inspectors under the Offices, Departments and Education Boards under the Ministry of Education to mo......vocate-For the respondent Nos. 21 and 35. Md. Tashadduk Hasan, Advocate-For the respondent No.37. M. Wali-ul Islam, Advocate-For the respondent No. 41. Md. Motahar Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General and Md. Jahangir Alam, Assistant Att......others MANU/SC/0517/1981; Bandhua Mukti Morcha Vs. Union of India and others MANU/SC/0552/1997:[1997]2SCR379; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Ms. Sara Hossain, Advocate with Ms. Aantee ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

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

...., 45. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin, Md. Taslim Uddin, Advocates—For the condemned-prisoner. Bhishmadev Chakrabarty, Deputy Attorney-General with Atiqur Haque (Salim) Assistant Attorney-General—For the State. D...... condemned-prisoner and his brother Amanat to hang the corpse only to be thwarted by the assemblage of the eye-witnesses and others Highlighted is the fact, however, that the P.W.10, Shahidullah, Sub-Inspector of Police stated in his deposition on the terms that, “মৃত দেহটি ......rs Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin, Md. Taslim Uddin, Advocates—For the condemned-prisoner. Bhishmadev Chakrabarty, Deputy Attorney-General with Atiqur Haque (Salim) Assistant Attorney-General—For the State. Death Reference N......isoner and his brother Amanat to hang the corpse only to be thwarted by the assemblage of the eye-witnesses and others Highlighted is the fact, however, that the P.W.10, Shahidullah, Sub-Inspector of Police stated in his deposition on the terms that, “মৃত দেহটি স্বা..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......osed that he has no enmity with the defendant-petitioner and P.W.4 also corroborated the plaintiff-respondent's statement in respect of compromise agreement in the Office of the Superintendent of Police where the defendant and other witnesses were present. The defendant did not deny the fact of ..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

.... Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - For the Petitioner.  Murad Reza, Additional Attorney-General, Md. Abdur Rahim Bhuiyan, Deputy Attorney-General with SM Moniruzzaman, K.M. Masud Rumy, Pratikar Chakma, Mahfuza Begum, Assis......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......ult: The Rule is discharged. Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - For the Petitioner.  Murad Reza, Additional Attorney-General, Md. Abdur Rahim Bhuiyan, Deputy Attorney-General with SM Moniruzzaman, K.M. Masud Rumy, Pra......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....556; Unni Krishnan, JP Vs. State of Andhra Pradesh, AIR 1993 SC 2178. Lawyers Involved: Md. Ashad Ullah with Khaleda Sultana Noor Advocates—For the Petitioners. Korunamoy Chakma, Deputy Attorney-General -with Nazibur Rahman, Assistant Attorney-General—For the Respondent No...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......thers..............Respondents Judgment December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; b...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

....8.1.2006 and the decree was signed on 15.1.2006. The Government Pleader filed application for certified copy of the same on 16.1.2006 and got it delivered on 28.2.2006. He sent the case record to the Deputy Commissioner, Rangpur and after observing the official formalities, the Additional Deputy Com...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......pur in Other Class Suit No. 29 of 2002. 2. The notice of the present Civil Rule has been duly served upon the opposite party, but no one appears to oppose the Rule. The learned Assistant Attorney General is also found absent and therefore, the matter is taken up for disposal in absence of the pa...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ......;…………………….(8) Lawyers Involved: Md. Bakir Uddin Bhuiyan, Advocate—For the Petitioner. Kazi Zinat Haque, Assistant Attorney-General—For the Respondents. Writ Petition No.4453 of 2007. Judgment Farid Ahme......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

.... (SC) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Md. Asaduzzaman with Imtiaz Uddin Ahmad Asif, Advocates - For the Petitioner.  Korunamoy Chakma, Deputy Attorney-General - For the Opposite Party No.1.  Md. Khurshid Alam Khan, Advocate -......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Md. Asaduzzaman with Imtiaz Uddin Ahmad Asif, Advocates - For the Petitioner.  Korunamoy Chakma, Deputy Attorney-General - For the Opposite Party No.1.  Md. Khurshid Alam Khan, Advocate - For the added O......petitioner was adjudged to be the highest. Accordingly, in due course, the case property was registered and mutated in her name on 28-8-2006. Anyway, on 29-3-2007, an ejahar was lodged with Motijheel Police Station, DMP, Dhaka by one Mr. Shafiul Alam, Assistant Director, Anti-Corruption Commission, ..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....d that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Customs Station, Hakimpur Dinajpur and Godown Of......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......-11-2010 for hearing of the Rule along with the Rule issued in Writ Petition No.7367 of 2010 earlier, and the concerned records being produced before this court through the learned Assistant Attorney-General, both the writ petitions were heard on 10-11-2010 and 11-11-2010 and now being dis­posed......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....d that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Customs Station, Hakimpur Dinajpur and Godown Of......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......-11-2010 for hearing of the Rule along with the Rule issued in Writ Petition No.7367 of 2010 earlier, and the concerned records being produced before this court through the learned Assistant Attorney-General, both the writ petitions were heard on 10-11-2010 and 11-11-2010 and now being dis­posed......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......of land out of 20 decimals appertaining to C.S. Khatian No. 278, Dag No.354 corresponding to S.A. Khatian No.333, Dag No. 490 and R.S. Khatian No. 218, 226 and 371 Dag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petit..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14