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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....with Samanja, Titu confronted Jibran but the latter had denied of having such affair at which Titu threatened him to leave the country otherwise he would cause severe harm to him. It is the claim of the prosecution that Titu planned and organized the killing because of jealousy as Jib......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......o take Samanja for a short tour at night; that she stated to the police that Moly, wife of Zaman and mother of Tasmia Zaman, a friend of Samanja, allured her to depose in the case in exchange of money; that Moly in connivance with police procured her as witness; that she made contradictory..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....ficient interest may be able to cross, what is called the threshold stage on the averments made in th6 writ petition but it will always remain open for a prospective respondent to contest the said claim on facts and also to assail the bonafides on even the appropriateness in a particular case of ......ation invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Divisio......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....nt July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other rel......VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same extent ......s father Akhil Chandra Biswas was the sister's husband of the plaintiff and he used to live in the mess of the plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......to GR No.228 of 1996 arising out of Meherpur PS Case No.13 dated 22-9-1996 convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. On a First Information Report lodged by P.W.1 Abdul Mannan Mr.idha brother of the ...... not do so. The victim went inside the chowki of the said room where the Television, VCR and other valuable were kept under the said chowki. He further submits that the accused-appellant used to earn money by shawing the Film through VCR and Television to the Public in the area. He further submits t..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....suring 3480 Ajutangsh, CS dag No.213 area of land 5900 Aujutangsh, CS dag No.223/369 the area of land measuring 7080 Ajutangsha, CS dag No. 329 area of land measuring 2328 Ajutangsha. But in the suit claim was made for the land of CS dag No.223/369 of area of land 7080 Ajutangsha. Out of this area o......ion or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decr...... daughters and wife respectively. Plaintiff filed succession case No.947 of 1983 in the Court of district delegate 3rd Sub-ordinate Judge, Dhaka and got succession certificate on 2-4-1984 for drawing money deposited in different Banks in the name of deceased Abdul Majid. After the death of Abdul Maj..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....course of its proceeding, Parliament is found to have done any act or thing which impinges upon the independence of the Supreme Court in the exercise of its judicial functions, then Parliament cannot claim privilege under Article 78 as such a claim would render Article 94(4) nugatory. 11. Mr. Bi......ul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....s Judge, Manikgonj framed charge against both the accused including the condemned-prisoner under section 302 of the Penal Code. The charge was read over to both the accused who pleaded not guilty and claimed to be tried. 6. At the trial, the prosecution examined six witnesses in all to substan...... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in......he only aggravating circumstance is that for the purpose of snatching away the gold chain of deceased, Emran, the condemned-prisoner committed the offence of murder to meet his immediate necessity of money. However, on the facts and in the circumstances of the case, the mitigating circumstances..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....so designated three office bearers, namely: the President, the General Secretary and the Treasurer, who alone are to operate its bank accounts. The petitioners are two of the members of the club, who claim to be in the General Council. When in the wake of sliding relationship between the President a......ed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 201...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....on case, notice was published for auction sale of the mortgaged property. The petitioner participated in the said auction on 21.01.2008, but failed to succeed. Thereafter, the petitioner as 3rd party claimant to a part of the auction sold property (hereinafter referred to as the property in question......Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 20......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....of US$2500, but subsequently, the decree was amended without notice to the Bank for US$1,19,605.00 upon an application of the plaintiff filed under sections 152 and 153 of the Code. The plaintiff’s claim is T.C. for US$2500 but the decree was passed for US$1, 19,605.00 causing serious hardship to ...... Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2......ank Ltd, (it was not made a party in the writ petition as already stated hereinbefore) is a Banker within the meaning of section 3(b) of the Act, 1881 transacting the business of accepting deposit of money from the public payable on demand and withdrawal by order; according to the provisions of sect..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....an impression that they knew that they could seek any clarification from the respondents of any ambiguity with regard to the contents of the tender documents hence, it is malafide on their part to claim that clause No.14.1 (a) of the ITT is vague, without having exercised the said option. Furthe......Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearin......number of 12(twelve) Berth Operators, if not less, for the 12(twelve) Lots/jetties; whereas there are about 55(fifty five) stevedoring firms currently operating at CP, who have invested huge sum of money behind equipments and labour. Moreso, the stevedoring/shore-handling firms have always enjoy..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......lue in cases where the accuseds are unknown culprits and are Known only amongst their associates. In such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is d......ons, in a nutshell, are that at about 1-10 AM following 8-11-2011 some 14 dacoits armed with deadly weapons entered into the house of the informant by breaking collapsible gate. They looted away cash money and ornaments and a torch light all worth of Tk.1, 78,000. After commission of dacoity when th..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....nage or control the property in question and as such, the property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured document to raise claim in the property. The so called gift is hit by the provision of clauses 20 and 21 of the leased......e.
3. The facts figured in this appeal are summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said pr......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....the freedom fighters' quota as he came out successful in the examinations. 14. Dr. Md. Bashir Ullah, learned Assistant Attorney-General, on the other hand, submits that the petitioner cannot claim to be appointed as of right. 15. We have perused the writ petition, its annexures and oth......sult: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legitimate Expectation is only an aspect, which does not give rise to an enforceable right but only provides that the action taken by the authority while dealing with the citi......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
........................Respondents
Judgment
June 18, 2012.
Result:
The appeal is disposed of in the light of observations.
An employee who was appointed in a development project could claim absorption as of right in the revenue budget and the government should follow the following ma......ould claim absorption as of right in the revenue budget and the government should follow the following matters-
(i) Whenever any vacancy in LGED is created in the revenue set up, it shall consider for absorption of employees or officers of the development projects within the meaning of rule 2(g......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
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Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......ior Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-3. Civil Appeal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave b......he balance amount of Taka 10,000 within three months and that defendant No. 1 would execute and register deed of sale in favour of the plaintiff. Defendant No.1 did not take the balance consideration money and at last on 25-7-2002 denied taking the balance consideration money. He also denied executi..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....lleged to have been executed by Abdur Rashid, the predecessor of the plaintiff, is a vital document for the determination of real controversy in the suit, inasmuch as, the defendant is banking his claim in the suit land basing upon it. Plaintiff claims that this deed is forged and collusive one.......idullah, Advocate-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer fo......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......(AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represented—For the Respondent. Civil Petition for Leave to Appeal No.736 of 2009. (From the judgment and order dated 28-1-2009 passed by the ......he petitioner herein joined the Police Department as a Constable. But respondent No.4 placed the petitioner under suspension with effect from 09-11-1999 on the ground of misappropriation of money which was proved by an inquiry held by Mohammad Ali, Assistant Police Commissioner. The petiti..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....nsingh (Respondent No.10) about the non-payment of telephone bills by the petitioner for an amount of Tk.31,110 against telephone No.45701 earlier taken by the appellant. 6. Respondent No.1 also claimed that the petitioner took loan from the Pubali Bank Limited and the outstanding loan stood at......f the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... conjecture basis without specifying any particular point of unverifiability regarding any head of expenditure; (IV) Whether the Taxes Appellate Tribunal was justified in law in not allowing the claim of expenses on "business promotion" under section 29(1) (xxvii) of the Income T......d Nokia cellular handsets to the Grameen Phone Limited, another company. It also sells Grameen Phone products on commission basis under dealership agreements. The assessee filed its income tax return for the assessment year 1998-1999 showing its income at a net loss of Taka 3,12,93,506 before the De......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
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