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Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment Md. Ashfaqul Islam J. - Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Islam this ......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
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is sti......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... upon him/her. This is because of the fact that the spouse was presumed to be in the company of the victim unless it is proved otherwise secondly in such type of incident, it is difficult on the part of the prosecution to lead direct evidence to prove the charge; and the inmates of the house w......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)
....inistration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burden, the views expressed by the High Court Division are partially correct. It held, "If the prosecution has failed in discharging its burden of proving the...... 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)
....gbazar, after passing engineering from Calcutta University 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&......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
....ip;.....Petitioners
Vs.
Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others……..................Opposite parties
Judgment
November 8, 2012.
Result:
The Rule is discharged.
Cases Re......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 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 pposite-parties to show cause as to why the impugned proceedings of Special Case No. 23 of 2007 arising out ...... 13. On the other hand, Mr. AKM Fazlul Haque, learned Advocate appearing on behalf of Anti-Corruption Commission, opposite-party No.2, submits that the petitioner is not FIR named but after investigation, he has been charged-sheeted and his involvement in this case is a matter of evidence ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....efendant Nos. 1-5/7-12 by filing joint written statement denying all the material averments of the plaint. Subsequently, the suit was decreed on contest against the defendant Nos.1-5/7-12 and ex-parte against the rest. The respondent-bank then put the decree into execution in execution Case No.......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
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
.... Mr. Md. Saidul Haq and that the accused Ashraf Hossain only signed on the papers to purchase the Jeep and that the price of the Jeep was paid by Mr. Mozaffar Hossain, the Senior Cashier of Finance Department of Orion Group, and as such accused Ashraf Hossain has committed offence by misusing his po......ccused respondent No.1 and others. Accordingly, Dhanmondi P.S. Case No.09 dated 05.06.2007 corresponding to A.C.C. G.R. No.48/07 was started under the aforesaid sections. 3. After conclusion of investigation the Investigating Officer submitted charge-sheet being Charge-sheet No.350 dated 12.11..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....hey refer the case of Alkas Mia and others Vs. State 25 DLR-398 held: "Witness- Non-examination of witness who is considered important-Presumption. Non-examination of independent witnesses, particularly some of the neighbours, raises a presumption against prosecution to the effect that had...... the incident from Ibrahim and Karim (P.W.1) father of the victim lodged the FIR which was recorded as Lakshmipur P.S. Case No.01 dated 01.09.1995 corresponding to G.R. No.362 of 1995. 5. During investigation two witnesses namely Md. Karim (P.W.1) and Md. Ibrahim made statements recorded under ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....Custom Assessment Papers including freight pre-paid bill of lading duly endorsed by the bank, the respondents did not deliver the goods to the petitioner. It is asserted that the respondents, in particular respondent Nos.6 and 7, cannot operate and function without interaction amongst each othe......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)
.... 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.16 of 2008 arising out o......) of the Anti-Corruption Commission Act, 2004. Hence, this FIR was filed against the accused-petitioner under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. 4. During investigation of the case, one Md. Aftab Uddin, Deputy Assistant Director, Anti-Corruption Commissio..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....Moinul Islam Chowdhury J.- At the instance of defendant-respondent-petitioners, Government of Bangladesh, represented by the Deputy Commissioner, Dhaka, this Rule was issued calling upon the opposite party to show cause as to why the judgment and decree complained of in the petition moved in Court t......he suit may examine the Commissioner personally in open court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation.” 30. From the above provision of law under Sub-Rule (2), it appears that the rep..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....o a statute cannot be isolated from the statute, particularly, when the same is appended pursuant to the provisions of the statute, here section 3(1) of the Act, 1957, so it must be treated as a part of the statute. In interpreting the words/ expression or a terminology used in a particular sec......ns 406/409/420 of the Penal Code. On the basis of the said FIR, Kotwali Police Station Case No.81 dated 18-11-2003 under sections 406/409/420 of the Penal Code was started against Farid Uddin. During investigation of the case, it was found that Farid Uddin in collusion with Iqbal Uddin Ahmed Chowdhu..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... And Criminal Miscellaneous Case No.4985 of 2009. Judgment Md. Nazrul Islam Talukder J. - These Rules, at the instance of two accused-petitioners, were issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case No.121 (Kotwali Zone) of 20......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
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....llaneous Case No.21084 of 2011. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No.12 of 2008 arising out of......e prescribed Form on 23-7-2007 in response to the notice dated 3-7-2007, an FIR was lodged on 16-9-2007 by Mr. Shariful Hoque Siddique, Deputy Assistant-Director, Anti-Corruption Commission and after investigation Mr. Md Ibrahim, Assistant Director, Anti-Corruption Commission, submitted charge-..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....dated 5-5-2010, which the board of directors is duty bound to follow. Hence there was no illegality in resolving to increase the paid up capital through IPO and there was no intentional laches on the part of the Bank in holding the 13th AGM on the date it was scheduled to be held. In this circumstan......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....rt of his contentions he refers the case of Muslimuddin Vs. State 38 DLR (AD) 311 held: — "Accused presumed to be innocent of the charge till guilt is established by legal evidence No particular number of witnesses legally required to prove the offence. The fundamental prin......odging a FIR by SI Md. Roushan Ali (P.W.3) as informant making arrestee as accused which was recorded as Gulshan PS Case No.11(4) of 2007 corresponding to GR No.364 of 2007. 3. The Police, after investigation submitted charge-sheet under sections 19A and 19(f) of the Arms Act accusing the appel..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ia Begum, Assistant Attorney-General—For the State Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learne......Kotwali Police Station case No.23 (3) 1996 (GR Case No.419 of 1996) was started against the accused-petitioner for the offence punishable under section 376 of the Penal Code. 3. The Police after investigation into the case submitted charge-sheet against the accused-petitioner under Section 9(Ga..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....of the appellant or that the case was false. 8. P.W.3 constable No.175 Md. Shahin Reja who was an accompanying force of the informant P.W.1 SI Md. Mustafa Kamal also corroborated him in material particulars and stated that having found the appellant Khasru Ahmed moving suspiciously the informan...... (a) of the Arms Act, 1878. On the aforesaid FIR Kotwali Police Station Case No.19 dated 10-5-1998 was stated against the appellant for the offence punishable under section 19A of the Arms Act and on investigation Police submitted charge-sheet against the appellant for the offence punishable under t..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
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