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Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....’ble Chamber Judge directed the ACC to accept the statement of assets of the petitioner. 5. The petitioner submitted the statement of her assets through her attorney Adv. M. Moniruzzaman Khandakar to the ACC on 11th February 2008. The contents of the statement of assets of the Petitioner...... any appointed under Rule 7(4), will get only 15 more working days to complete the inquiry, i.e. a maximum of 45 working days will be allowed to complete any inquiry by the ACC. However, it should be noted that the petitioner submitted the statement of wealth to the ACC on 11th February 2008 and the..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....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 ......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 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....ammat Ismat Ara on examining the body of Baby found the throat cut and as many as 10(ten) grievous injuries from throat to chest. They also found cut mark on the left breast, on the arm of the left hand and also bleeding grievous injuries below the navel and its surrounding areas. On queries......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. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....ain-matter of Rokeya Begum came out forthwith and she fell down to the ground. The occurrence took place in presence of Milon Mia, Shahadat Hossain and Husna Begum. Victim Rokeya Begum was rushed to Chandiber Hospital by Ahid Miah and Nadir. The Doctor at the Emergency Department declared her dead. ......s, in that particular case where the accused was 25 years old and possibly influenced by his elder brother, the sentence of death was commutated to a sentence of transportation for life. 13. We note from the decision referred to in the above mentioned case that the death sentence imposed upon ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ......, the respondent No.2 without being explaining any reason as far it relates to earlier inquiry made a telephonic direction upon respondent No.6 for issuing a notice upon the petitioners. We wonder to note that how a Deputy Director made a telephonic order to his sub-ordinate to arrange a second inqu..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....d report before the High Court Division with their comments. It also appears that copies of the aforesaid assessment papers by the aforesaid prominent experts together with other documents, were handed over to both parties, i.e. the learned Advocates for the petitioners and the learned Attorney......rney-General on the finding that at the time of "engaging the experts in this task, clear and specific terms of reference were made available to them in presence of both the parties. It is to be noted that the experts are senior professors of Dhaka University and as such, there must not be any ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....ode of Civil procedure is not available in the Code of Criminal Procedure............ (13) Cases Referred to- 60 DLR (AD) 1, Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate—For the Petitioner. MH Sa......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. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....ituated within Chittagong City Corporation and as such section 24 of the Non-Agricultural Tenancy Act is attracted, not section 96 of the State Acquisition and Tenancy Act. 11. In the case in hand, it appears that in the appellate Court the pre-emptors filed an application under Order VI Ru......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....gaged property. Mainly on these grounds the learned counsel submits that this Rule should be made absolute. 5. Mr. SM Moniruzzaman, the learned Advocate for the respondent-bank on the other hand, opposes the Rule. Placing reliance in the decision of Setara Begum Vs. Al-Arafah Islami Bank L......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)
..... State, 2 BLC 173; State Vs. Abdur Rashid Piada alias Abdur Rashid Sardar, 40 DLR (AD) 106; Sohel Sanaullah Vs. State; 63 DLR (AD) 105; Babul alias Abdul Majid Khan Vs. State, 42 DLR (AD)186; Bakul Chandra Sarkar Vs. State, 45 DLR 260; Hazrat Ali Vs. State, 1990 BLD 38 = 42 DLR 177; State Vs. Punar......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....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. ......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
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....hy;cally disallowed the Miscellaneous Case under order XLI, rule 19 of the Code of Civil Procedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. ...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....edibility of an alibi is greatly strengthened, if it be set up at the moment when the accusation is first made, and be consistently maintained throughout the subsequent proceedings. On the other hand, it is a material circumstance to lessen the weight of this defence if it be not resorted to u......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)
.... credibility of an alibi is greatly strengthened, if it be set up at the moment when the accusation is first made, and be consistently maintained throughout the subsequent proceedings. On the other hand, it is a material circumstance to lessen the weight of this defence if it be not resorted to u...... 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)
....ndant No.2, Shamsul Kabir Humayun Reza, son of Md. Hossain of Mirpur was the actual Shamsul Kabir Humayun Reza and he entered into an agreement with him on 29-12-2002 to sell the suit plot to him and handed over the original documents to him at the time of execution of the agreement. On seeing ......s never inducted into possession of the suit plot. 39. The learned second Judge considered the evidence on record, both oral and documentary, particularly, the documentary evidence (as have been noted hereinbefore while noting the findings of the learned presiding Judge) and came to the specifi..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....9.09.1981.
The learned Advocate Mr. Tapan Kumar Chakraborty referred several decisions of Apex Court reported in PLD 1966 (SC) 254, 13 DLR (SC) 228, VII ADC 161 and 12 MLR (AD) 248. On the other hand; in support of the opposite parties case the learned Advocate Mr. Syed Mafizur Rahman on behalf......ermination of the plaintiffs the defendant No.3 of the original suit who is the Managing Director of the Bank accord approval to terminate the plaintiffs along with other employees through his office note dated 14.09.1981 of Sonali Bank, Head Office, Dhaka (Personnel Division) and thereafter the def..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... only be thrashed out during the trial of the case and from this stand-point, the impugned proceedings initiated against the accused-petitioner and others should not be quashed. 13. On the other hand, Mr. AKM Fazlul Haque, learned Advocate appearing on behalf of Anti-Corruption Commission, oppo...... 16. Similar view, on the principle for quashing the proceeding, was subsequently, followed in the case of Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16. 17. It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....he relevant provisions of the Nari-0-Shishu Nirjatan Daman Ain or under any other rigorous provision of the Penal Code aiming at securing exemplary punishment to the offenders. 7. On the other hand, Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing for respondent No. 4,......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
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... though the matter appeared in the cause list on several occasions. 4. Mr. AY Moshiuzzaman, the learned Advocate for the respondent bank by filing affidavit-in-opposition on the other hand made elaborate submissions supporting the impugned order to be a justified one. In elabora......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
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