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Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....on of the offence at 8-30 PM punishable under section 302 of the Penal Code:— "It is true that the said "Kuppe Bati" was not seized by the investigating officer. It may be a fault on the part of the investigation officer. But such inadvertent omission has not materially affected meri...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....। ৩। মামলা রুজুকারীর নিয়ন্ত্রণকারী কর্মকর্তা। 13. We have already observed above that 'Form-3' is the part of the statute and accordingly when a specified form has been prescribed in the statute fo......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....Where it was said that a recommendation from X was 'almost invariably' accepted there was no legitimate expectation that it would be accepted. Legitimate expectation cannot be based on departmental note to which concurrence of the relevant authority has not been obtained. (ii)......r, DCC to continue the activities of the said third project even after its completion of the own fund of DCC. Followed by the office order dated 23rd of April, 2003 the Secretary, DCC approved of the payment of arrear salaries and other service benefits to writ-petitioners from February, 2001 to Feb......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....f of the respondents made submissions in support of the impugned judgment and order passed by the High Court Division. We have considered the submissions of the learned Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected p......at so long Ext. ‘Ka’ stands, the plaintiff is estopped from claiming any title in the suit land through the heirs of Harun Bepari inasmuch as in the previously instituted suit, the Court believed payment of compensation to the sons of Harun Bepari. 9. As the suit land is common in both Title ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....riminal Misc.No.3987 of 2004) Vs. The State……………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. ......randum of Understanding. On 30.6.1996 a summary was prepared for the Prime Minister who signed it on 30.06.1996. In fact it was sent to the Office of the Prime Minister on 01-07-1996, to pay 10% down payment, an amount of US$ 10 Million to the Deawoo Corporation for the said Frigate in the Financial......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....06 of the Penal Code. There is no application of section 420 of the Penal Code against the petitioners as there is no allegation that they obtained the tin sheet fraudulently inducing anybody to part with the same to him. Furthermore the proceeding cannot continue against the petitioner alone a......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ipt of the balance consideration after obtaining permission from the Bangladesh House Building Finance Corporation (HBFC) with whom the property was mortgaged but the defendant refused to perform his part of obligation and arbitrarily rescinded the agreement. Defendant contested the suit denyin......secondly, whether the plaintiff has failed to perform his promise which has compelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, t......n amount within a period of 6(six) months for releasing the property from HBFC; that the plaintiff had failed to perform his part of the agreement, and as the agreement was executed to repay the loan and other liabilities, the plaintiff having failed to pay the balance amount with the stip..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....ka 8,00,000 as earnest money in favour of respondent No.1 and paid a non-refundable fee of Taka 5000 as costs of schedule of the tender. Accordingly, on 15-3-2004 the tender was opened in presence of participating bidders including the writ petitioner. After that, the Evaluation Committee ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
.... Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13, 2013. Result: The Rule is made absolute. ......vour of the plaintiffs as observed by the Trial Court is unrebutted, the impugned judgment is not sustainable in law. The learned Counsels further submit that the possession follows the title and non payment of rent does not extinguish title of the plaintiffs in the suit property. Without reve......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
.... the properly constituted Election Tribunal by filing election petition. 10. On perusal of the aforesaid judgment delivered in Shah Alam's case we find that their lordships in the concluding part of the said judgment threw light on the pointed issue in the language as under:&mdash......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....on recommendation of the assessment committee is without lawful authority. Mr. Sikder further submits that section 25 (3) of the Customs Act provides an official notification of minimum value for any particular goods by the Government, in absence of which the determination of minimum value as done i......vying customs duties and taxes of the goods on the basis of commercial invoices. 2. At the time of issuance of the Rule, an interim order was passed to allow the petitioner to release the goods on payment of duties on the basis of invoice value and on furnishing bank guarantee for the difference ......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... Judgment Md. Nazrul Islam Talukder J.- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....be given opportunity to prove the allegation by adducing evidence. The disputed facts are not supposed to be resolved in the present forum without taking aid of the evidence to be adduced by the parties before the trial Court. The Court cannot claim inherent jurisdiction to exercise p......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......learned Advocate appearing on behalf of the accused-petitioner, submits that "the accused-petitioner did not submit any false statement of properties, rather the value of the properties and loan liability were shown correctly at Taka 3,65,500 and Taka 8.50 crore respectively but without co..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....iction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cas......warranted 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) 50. ......warranted 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) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....ith Mr. Swarup Kanti Dep, learned Assistant Attorney-Generals appearing on behalf of the respondents. 4. Mr. Uddin submits that the right to travel outside Bangladesh and return to Bangladesh is part of personal liberty guaranteed under Article 36 of the Constitution of the Peoples Republic of ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....er Vs. State……………………………………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases R......ey deed. Subsequently, when he came to Know about the allegation against his vendor Md. Alam Khan, he tried to get refund of the money he advanced. As the accused No.1 issued cheques against the part payment of advanced consideration of money and those cheques were dishonoured, he had to file CR Cas......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the particulars of the offence by name, the date, time and place. The accused is entitled to know with ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abul Khair Chandu .................................Petitioners Vs. State and another.................................Opposite-parties Judgment January 7, 2013. Result: The Rule may be made absolute. Ca......accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank on 1-12-2004, but it ......iness man of dry fish, was a composite limited holder of the Islami Bank, Saidpur Branch. The informant Bank invested Taka 58, 84,355 in the dry fish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of l..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....rably on the next day or in the alternative to hear and dispose of the miscellaneous appeal itself within the time given. 7. In view of the submissions of the learned Counsel of the respective party and the nature of the impugned order, the only question to be decided in this leave petition ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....uction and obligation. The exercise of power of making Rules is referable to a power, which confers validity upon it. The Rules framed under a power conferred by a section of an Act should be read as part of that section and not as an additional section to that Act. In construing 'Rules'......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
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