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Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

.... status of the 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his i......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......i-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

....le or any part of or any interest in the business goodwill, property, contracts, agreements, right privileges, effects and liabilities of any other company/corporation, partnership, body, person or persons carrying on or possessing property suitable for the purpose of the company and upon such p...... served through usual process and through the newspaper “Daily Star” and “Daily Prothom Alo” published on 28.2.2012. There being no creditor of the company, as informed, none appears to be interested to object the proposed amendment. 5. We have heard the learned Advocate, perused th......ed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....er issued by the Ministry of Establishment. It appears from the letters filed by the accused-peti­tioners that the Land Ministry Officers tried to veri­fy the authenticity of the appointment of the persons nominated by the letter purportedly sent by Ministry of Establishment. The Land Ministry off......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......sional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......y উর্দ্ধতন শাখা প্রধান directed the accused-petitioners to appear before the Joint Secretary of that Ministry and to produce their original appointment letters and educational certificates. 9. Mr. Alam, the learned Advocate, lastly sub­mits that the accused-pe..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

.... 26-03-1993 lodged an ejahar with the Rajbari PS alleging, inter alia, that his younger brother Alauddin Mondal has a shop of spare parts of cycle rickshaw near at Rajbari Fish Market and the accused persons along with 3/4 unknown persons demand Taka 5,000 as subscription and threatened that he woul......nt and order of acquittal is not maintainable. 10. He further submits that the learned trial Court below after assessing the whole evidence on record found that the prosecution failed to adduce disinterested and neutral witnesses and failed to prove its case beyond all reasonable doubt and, as su......d quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....all thereon. The informant S.M. Iqbal Hossain along with his family members and sister's husband Harun (deceased) went to the place of occur­rence to restrain the illegal activities of those accused persons. At one stage, the accused persons surrounded the inform­ant and his companions, and they r......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......or any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....spectrum has not been increased, BTRC has not even violated any terms of the said Assignment Letter. 12. As regards VAT, Mr. Hossain, submits that the VAT scheme under the VAT Act made different persons liable for collection and deposit of vat at different stages of transactions. Therefore, lia......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....R (AD) 208 laid the principle as to refusal to register similar trademark by registrar in the following language: "Registration of identical or similar trademark-Such registration in favour of two persons -About the propriety of such registration the registrar has to satisfy himself and he may pu......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......I", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

.... unless social justice is dispensed. Dispensation of social justice and achieving the goals set forth in the Constitution are not possible without the active concerted and dynamic efforts made by the persons concerned with the justice dispen­sation system." 18.  On a careful scrut......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......n. 5. A report published in The Daily Star on 03.04.2010, stated that the Dhaka City Corporation is constructing shops in the place which was used as a car park. It was also reported that some interested group is working behind the move in order to get personal benefit. It was reported that ......y of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....risonment for life with fine and converted the sentence of convict Babul to one under part I of section 304 and sentenced him to rigorous imprisonment for ten years, and acquitted seven other accused persons of the charge under sections 302/34. These three convicts Muzibur Rahman, Fayzul Haque @ Faz......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......t for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....extent of Waqfs and waqf properties, inspection of accounts, returns for ensuring that the waqf properties and income arising there from are applied to the objects and for the benefit of any class of persons for which such Waqfs are created and to give direction for proper administration of the Waqf......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......her Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....eceased's mother and recorded their statements under section 161 of the Code of Criminal Procedure. 5. The investigating officer upon investigation found prima facie case against the accused persons and accordingly filed on 27.02.08 Charge Sheet against them under sections 304-A/34 of the P......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......municate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....four lac and forty seven thousand), could be collected from the project. Defendant No.2 further told that the project could be completed by the said money by employing skilled, experienced and honest persons. On the above understanding, defendant No.2, out of his own volition, had sworn an affidavit......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......on is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

.... hearing the respondent the Government could have omitted his name from the notification as it was done in a number of cases. The respondent's case is that his case is not at all different from those persons whose names were omitted from the notification and that his case is totally dissimilar from ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ...... hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......ithout proper consideration of the evidence on record decreed the suit, that both the trial court and the appellate court failed to take into consideration that all the witnesses of the plaintiff are interested witnesses and on the basis of evidence of these interested witnesses only the suit for sp......or leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ......d order passed by the learned District Judge is not sustainable in law. He further submitted that since the appellant, First Party has no claim against Md. Monir Hossain who is also unwilling and not interested, to contest and take part in the arbitral proceeding, if he was interested, he could have...... 152     ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....rself did not see Ikhtiar to kidnap her child, but mentioned in ejahar the name of her daughter Lipy, who was present at the time of alleged kidnap. The said Lipy was not examined. Names of two other persons, namely, Jahanara and Jhantu are mentioned in ejahar to be present at the time of rescuing t......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......th, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....3 under sections 147/148/149/448 /323/307/380/427/302/114/324 of the Penal Code and also submitted another Charge-Sheet No.89(ka) under sections 3/4 of the Explosive Substance Act against the accused-persons including the accused-petitioner. The case proceeded to trial before the sessions Judge, Mad......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......n. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....-1-1993, Charge sheet dated 30-12-1992 was filed in the Court of Magistrate, and it was accepted and warrants of arrest were issued by the Magistrate. (5) On 11-1-1994, five of the seven accused persons first appeared in the Court of Magistrate. (6) On 18-4-1993, charge was framed by the l......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......dge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

....circumstantial. It can only be proved by number of circumstances for which a reason­able inference can be drawn. There is no doubt that mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by...... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ...... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96