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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........... (61) Overt act on the part of each accused In order to support a conviction under section 34 of the Penal Code, mere presence would not be sufficient, but there must be proof of some overt act on the part of each accused done in furtherance of the common intention. ...... (86) ......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
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. ......d Court, Gazipur in Miscellaneous Case No. 6 of 2004 is set-aside and accordingly, the appeal being Miscellaneous Appeal No. 34 of 2001 is re-admitted. 28. Since, the case has been dragging over a period of 12 (twelve) years, the Court of appeal below is directed to hear and dispose of the...... 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......nt of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence at the scene of occurrence at the time that it was committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility o......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......t of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence at the scene of occurrence at the time that it was committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility o...... 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 ...... in 1950 worked as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 1......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..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......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......e provision of sub-regulations (1) and (2) shall not apply."
14. In this context it is noticed that under the provisions laid down in Regulation 13(2) of the aforesaid Regulations, 1981 the management of the defendant Bank have every right to terminate the service of its employees without ..
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......rocedure. Over and above, whether the allegations of abetment in manipulating the tender for sale of the case properties are true or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of materials collected by the......town and its suburbs. (2) Subject to the provision of sub-rule (1) there shall be a District Management Board and a Sub-divisional Management Board for each district and Sub-division. (3) A management Board shall consist of members as may be determined by the Government. The scope and..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,......it petition and the application filed today on behalf of the respondent Nos. 5-8. 10. It appears from the terms of the Rule issued by this Court that the law enforcing agencies and the other government authorities (Respondent Nos. 1-4) were asked to show cause as to why the inaction of the ......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 ......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
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... consignment in question 'Gilgandra Marketing Co-Operative Limited' as plaintiff filed legal proceeding in the Supreme Court, New South Vales, Australia against Australian Commodity & Merchandise Pvt. Ltd, MSC Mediterranean Shipping Company SA. NYK Line and MISC Berhad. The Australian Co......rt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... 1. ......et Minister of Ministry of Energy and Mineral Resources and Home Affairs during 1991-1996. He was also the Cabinet Minister of Health and Family Welfare during the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested on...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....of the petitioner and behind his back; when the petitioner approached Respondent No. 2 to provide the audit report along with the papers, but the Respondent No. 2 showing different reasons delayed to hand over the audit report and books of account of the Company; that Article 38 of the Art......Association of the Company contemplates that Respondent No. 2 Mr. Mohd. Abdus Salam shall be the first Chairman of the Company for a period of 5(five) years and his responsibility shall be to preside over all the meetings of the Company and Respondent No. 3 Mr. Abdul Jabed shall be the Vice Chairman......as well and in his interest to ensure that the company is being managed and run properly, profitably and in compliance with the provisions of law. Once the complaining share holder is able to show mismanagement of the affairs of the company, resulted either from noncompliance of law or otherwise, a ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....rvisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. ......er I, rule 10 by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in the original suit and also directed the plaintiff petitioner to add the Government of Bangladesh as a defendant. 5. being aggrieved by and dissatisfied with the aforesa......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... cause of action arises is not tenable and sustainable in the eye of law. Learned Advocate for the petitioner has referred to the decisions decided in the cases of SM Anwar Hossain Vs. Shafiul Alam (Chand), 4 BLC (AD) 106 and Jubayer Vs. State 15 BLC 432. He lastly submits that since the company has......he aforesaid cheques to the Agrani Bank, Laldighi Eastern Branch, Chittagong; but those were bounced for insufficient fund. The complainant asked for the cheque-amount to the accused-petitioners over telephone; but the accused-petitioners informed that the processes of the encashment of the che......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
.... respondents not to arrest and harass the petitioner without due process of law in connection with the present case. 3. Mr. Momotaz Uddin Fakir, learned Additional Attorney-General, on the order hand, submits that since the petitioner is not an accused in this case there is no scope to give dir......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
.... to issue certificate to the judgment debtor for private sale of mortgaged-property; the executing Court is under no obligation to accord permission for sale in favour of Ragib Ali. On the other hand, it is urged on behalf of Kutub Uddin that the facts revealed that as the transaction between t......y;gaged property for enabling the judgment-debtor to raise money for payment of the total decretal amount by private sale without the consent of the decree-holder. The High Court Division had totally overlooked this bar and erroneously directed for the issuance of sale certificate in favour of the j......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....ion in a criminal case. A chance witness is one who claimed to be present at the place of occurrence at the time of occurrence when and where he is not normally expected to be present. In the case on hand, a rickshaw puller was going to his home and at the time of crossing the place of occurrence he...... was submitted and thereafter the learned judge took cognizance and framed charge against the accused persons under section 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Ain, 2000 and the same was read over to the accused persons who pleaded not guilty and claimed to be tried in accordance with law. ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....8-00 PM they reached a place named Baterhat and by leaving the rickshaw proceeded for home on foot. When they reached a place named Kushumbi accused Najrul lslarn came across them with a torch in his hand and expressed to the informant, "I shall marry you, come with me." When the informant......d an Ejahar to the effect that on 12-3-1996 she along with her younger sister Aseda Begum and maternal cousin Tahera watched Matinee Cinema show at local Chourartgi Cinema Hall at 3-00 PM cinema show over, they started for home by a rickshaw. At about 8-00 PM they reached a place named Baterhat and ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... PLD 73 (FB); 1975 PLD 69. Lawyers Involved: Rokanuddin Mahmud, Md. Asaduzzaman, Imtiaz Uddin Ahmad Asif and Nazmun Nahar Choudhury, Advocates—For the Petitioner. Imtiaz Mahmod, Khandaker Reza-e-Raquib, Imranul Kabir and Mejbahur Rahman, Advocates—For the Respondent No.1. ......, MoPT issued a Radio System Operating License to the petitioner on 28-11-1996 under the provision of Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933 for installation and operation all over Bangladesh for the multi-station radio system of Digital Mobile Cellular Telephone Service in t......ed to as BT Act, 2001), the Government i.e. MoPT was empowered and solely responsible under the Telegraph Act, 1885 to deal with all sorts of issues relating to Telecommunication system, its control, management, operations and service in Bangladesh. Later on, in the year of 2001, upon enactment..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....d the Mrs. Farhat Hasan agreed to sell. Accordingly, she executed a bainapatra dated 16-2-1986 in favour of the writ petitioners on receipt of Tk.10 lakh and delivered possession of the same and also handed over the relevant papers to the writ petitioners. Subsequently, said Mrs. Farhat Hasan receiv...... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangl......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
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