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State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners.  Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, A...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. .......313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners.  Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, Assistant Attorne...... P.W.5 Nannu Hawlader and P.W.6 Hatem Gazi. 6. On receipt of a typewritten FIR containing the aforesaid allegation on 24.3.2003 at 10-15 am duty officer of the police station registered Patuakhali Police Station Case No.25 dated 24.3.2003 and filled in the formal column of the FIR. P.W.18 S.I. Md..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)

....he Opposite Party.  Criminal Miscellaneous Case No.18417 of 2006. Judgment Khademul Islam Chowdhury J.- Complainant petitioner Mrs. Fatema Begum obtained the rule calling upon the Deputy Commissioner, Dhaka to show cause as to why the judgment and order No.5 dated 26.6.2006 based......e appearing for the petitioner by his order dated 30.1.2006 directed the Officer-in-Charge (North) Keranigonj Thana to hold an inquiry by a police officer subordinate to him not below the rank of Sub-Inspector and submit the inquiry report by 27,3,2006. Police submitted enquiry report on 30.3.2006 s......ch cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: Manzil Murshid-For the Petitioner.  Khandaker Diluruzzaman, Assistant Attorney-General with Salma Rahman, Assistant Attorney-General-For the Opposite Party.  Criminal Mi.......2006 directed the Officer-in-Charge (North) Keranigonj Thana to hold an inquiry by a police officer subordinate to him not below the rank of Sub-Inspector and submit the inquiry report by 27,3,2006. Police submitted enquiry report on 30.3.2006 stating, inter alia, that dispute over passage between ..

Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....llowing substantial part of the justified expenses just on surmises and/or conjectures. 15. In Reference No.212 of 2002 he also submitted that the rejection of an amount of Taka 2,50,000.00 by the Deputy Commissioner of Taxes out of the debt of Taka 16,42,374.00 which were supported by audited ac......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing Co. Ltd. (1958) 34 ITR 143. Lawyers Involved: A. B. Siddique, Advocate-For the Applicant. Sathika Hossain, Assistant Attorney-General-For the Respondent.  Reference Application No.211 of 2002 With Reference Appl......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....rred to- Nurjahan Begum Vs. State, 42 DLR (AD) 130; Arshad Ali Mirza Vs. State, 7 BLC 265; State Vs. Abdul Barek, 7 MLR (AD) 17 = 54 DLR (AD) 28. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney-General with Md. Yamin Newaj Khan, Assistant Attorney-General with Shahnaz Haque, As......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......rjahan Begum Vs. State, 42 DLR (AD) 130; Arshad Ali Mirza Vs. State, 7 BLC 265; State Vs. Abdul Barek, 7 MLR (AD) 17 = 54 DLR (AD) 28. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney-General with Md. Yamin Newaj Khan, Assistant Attorney-General with Shahnaz Haque, Assistant Attorney......4 of the Penal Code by his Judgment and order of conviction and sentence dated 29-10-2003 passed in Druta Bichar Tribunal Case No.21 of 2003 arising out of GR No.11.16 of 2002 corresponding to Lalbag Police Station Case No.13 dated 9-4-2002. The condemned prisoners Saidul @ Saidul Islam and Md. Adel..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......96 SC 1759; K Ramdas Shenoy vs Chief Officer, Town Municipal Council Udipi, AIR 1998 SC 2177; Shrijee Sales Corporation vs Union of India (1997) 3 SCC 398 and Reference by His Excellency the Governor-General, 7 DLR (FC) 395. Lawyers Involved: Ziaur Rahman Khan, Advocate instructed by AKM Shahi......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......the suggestion put by the defence that he deposed falsely. As a matter of fact, no rape was committed by the accused and this was a false case only to harass the accused. 36. Abdus Sobhan, a Sub-Inspector of Police, was examined as P.W.12. This witness stated that on 4-3-1999 he was posted to S......t the evidence adduced by the prosecution are good enough to sustain the conviction and sentence passed by the Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore. The learned Assist­ant Attorney-General submits that the prosecu­tion has been able to prove the case beyond all reasonable doubt a......er imprisonment for life. 2. The prosecution case as unveiled during the trial was, that on 4-3-1999 infor­mant Khodeja Khatun (P.W.1) lodged a written First Information Report with the Sharsha Police Station under District-Jessore alleging, inter alia, that on 2-3-99 at about 11-00 PM while s..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

.... Judgment July 23, 2007. Result: The application is disposed of. Lawyers Involved:  Dr. M. Zahir with Ms. Rebeka Sultana - For the petitioners. Syeda Afsar Jahan, Deputy Attorney General - For the respondents. Writ Petition No.5830 of 2007. Judgment ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......ly 23, 2007. Result: The application is disposed of. Lawyers Involved:  Dr. M. Zahir with Ms. Rebeka Sultana - For the petitioners. Syeda Afsar Jahan, Deputy Attorney General - For the respondents. Writ Petition No.5830 of 2007. Judgment Shah Abu Nayee......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)

....17, 2007. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Motin Khashru, Advocate with Md. Ayub Hossain, Advocate - For the petitioners. Abu Bakkar Siddique, Deputy Attorney General - For the State. Criminal Miscellaneous Case No.8971 of 2007. Jud......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......sult: The Rule is made absolute. Lawyers Involved: Md. Abdul Motin Khashru, Advocate with Md. Ayub Hossain, Advocate - For the petitioners. Abu Bakkar Siddique, Deputy Attorney General - For the State. Criminal Miscellaneous Case No.8971 of 2007. Judgment Sheikh......pon the Deputy Commissioner, Narsingdi to show cause as to why the accused petitioners 1) Md. Hanifa, 2) Mannan Miah alias Mannan both sons of Abdul Hamid should not be enlarged on bail in Raipura Police Station Case No.21(8)2006 under sections 302/34 of the Penal Code, now pending in the Court ..

Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ses Referred to- I.L.R. 42 Privy Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77. Lawyers Involved: Probir Neogi-For the Appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General-For the Respondents. First Appeal No.502 of 1991. Judgment S......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ...... I.L.R. 42 Privy Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77. Lawyers Involved: Probir Neogi-For the Appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General-For the Respondents. First Appeal No.502 of 1991. Judgment Syed Muhammad Das......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......ip;………….. (24) Case Referred to- 5 DLR (FC) 107. Lawyers Involved: GS Huq, Advocate — For the Appellant. Shamim Ara Dora, Assistant Attorney General — For the State. Criminal Appeal No. 398 of 2005 Judgment Siddiqur Rahm...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....h Shan J Al-Haj Abdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others…………………&hel......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......on that basis…………………..(10) Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the petitioner. Rubiuyat Hossain, Assistant Attorney General with A.K.M. Salahuddin Khan, Assistant Attorney General - For the Respondents. Writ Pe......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

....R 565; 50 DLR 618; 40 DLR 122; 53 DLR (AD) 1; 12 BLD (AD) 180; 8 BLC 275; 33 DLR 274; 6 BCR (AD) 225; 25 BCR 392; 37 DLR 237; 12 BLD (AD) 190; 44 DLR (AD) 10. Lawyers Involved: Md. Abdul Baset, Deputy Attorney-General with Rawshan Ara Begum, Assistant Attorney-General with Md. Atiqul Karim, As......, P.W.8 Md. Idris, P.W.9 Kamal Hossain, P.W.11 Shamsur Rahman, P.W.14 A. Baten, P.W.15 Dulal Kanti Barua, P.W.16 A.Z.M. Amanur Rahman. The official witnesses are namely P.W.10 Md. Ali Asgar Khan, Sub Inspector of police, who filled up the FIR form, P.W.12 Dr. Md. Mizanur Rahman, who held the post mo......uch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establishing its case against the accused persons.……………………………..(81) General tendency of the witness In a criminal trial, determination of fact is the main task befo...... Appeals including Death Reference. 5. The prosecution case in short is that on 29.05.2002 at about 22.55 hours P.W.1 Most. Arja Khatun as informant lodged a First Information Report with Khilgaon Police Station against the accused named 1) Kala Palash, 2) Sujan, 3) Mithu, 4) Suman, 5) Salam and ..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....te is found to have been appointed by the State to oppose the reference, made by the trial Judge under section 374 of the Code of Criminal Procedure. 17. However, Mr. SM Aminul Islam the learned Deputy Attorney-General assisted by Mr. AKM Nurul Alam, the learned Assistant Attorney-General has s......n @ Linkon under section 161 of the Code of Criminal Procedure in three different occasions i.e. on 7-8-1999,9-9-1999 and 10-9-1999 but ulti­mately he had also to hand over the Case Diary to CID. Inspector, P.W.12 for investigation. 7. During the course of investigation the CID Inspector Md......ave been appointed by the State to oppose the reference, made by the trial Judge under section 374 of the Code of Criminal Procedure. 17. However, Mr. SM Aminul Islam the learned Deputy Attorney-General assisted by Mr. AKM Nurul Alam, the learned Assistant Attorney-General has supported the imp......ing found guilty for commission of the offence punishable under section 302/34 of the Penal Code in Drutta Bichar Case No. 36 of 2003 arising out of GR Case No. 632 of 1999 corresponding to Manikganj Police Station Case No.11(7)99. 2. In this Death Reference all the con­demned accused-perso..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ...... Dr. Abeda Begum Vs. Public Service Commission, 59 DLR 182 =1997 BLD 64. Lawyers Involved: Md. Raisuddin Ahmed, Advocate — For the Petitioners. Md. Jafar Imam, Assistant Attorney General — For the Respondents. Writ Petition No. 10851 of 2006. Judgment SM Ziaul......ing juniors to petitioners, till placement of petitioners in their rightful place, as per the opinion of PSC. 2. Short facts leading to this Rule are that the petitioners joined in Bangladesh Police Service in 1972. In 2003, they were promoted to the post of Assistant Superintendent of Poli..

Category: Others | Date: 16 May, 2007 | Hits: 4

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ...... Court of Settlement, 1997 BLD (AD) 118 = 2 BLC (AD) 108; Sadharan Bima Corporation Vs. First Court of Settlement, 2007 BLD (AD) 21. Lawyers Involved: Md. Jafar Imam. Assistant Attorney General – For the Petitioner. No one appears — For Respondent No 1 Syed Haider Ali,......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ......ramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, Assistant Attorney-General — For the Government opposite Party.       MD. Jabbar Ad......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......o be too low then the Court has the discretion to cancel the same which means that the fresh bid can be invited and thus auction sale can be held more than once. Referring to section 13 and 14 of the General Clauses Act Mr. Bhuiyan submits that the said Act allows the executing Court to hold more th......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....Land Records and others, 45 DLR 634. Lawyers Involved: Md. Khalilur Rahman, with T.M. Shakil Hasan, Advocates - For the petitioners (In both the writ petitions). Zaman Akter Bulbul, Deputy Attorney-General with Mr. A.K.M. Salahuddin Khan, Assistant Attorney-General and Mrs. Rubaiy......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......d others, 45 DLR 634. Lawyers Involved: Md. Khalilur Rahman, with T.M. Shakil Hasan, Advocates - For the petitioners (In both the writ petitions). Zaman Akter Bulbul, Deputy Attorney-General with Mr. A.K.M. Salahuddin Khan, Assistant Attorney-General and Mrs. Rubaiyat Hossain, Assi......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....1996 16 BLD HCD 238; Reg Vs. Henry, (1968) 53 Cr. App R 150; Kellehar Vs. The Queen, (1974) 131 CLR 534. Lawyers Involved: Nahreen Amin - For Convict-Appellants. A.S. Md. Ramzan Khan, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant Attorney-General and Shirin Afroz, Assist......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......238; Reg Vs. Henry, (1968) 53 Cr. App R 150; Kellehar Vs. The Queen, (1974) 131 CLR 534. Lawyers Involved: Nahreen Amin - For Convict-Appellants. A.S. Md. Ramzan Khan, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant Attorney-General and Shirin Afroz, Assistant Attorney-Gen...... A verdict of conviction following sentence handed down on July 29, 2004 by Nari-O-Shishu Nirjatan Daman Tribunal No.3, Dhaka in Nari-O-Shishu Nirjatan Daman Case No.53 of 2004 springing out of Savar Police Station Case No.13(6)99 corresponding to G.R. No.468 of 1999 has been put to fire by two (2) ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)

....hellip;………………………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another…………………&...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..

Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34