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Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... 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. ......cumstantial chain of events the inference of guilt is absolutely justified as all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused. In view of the matter we find no merit in the appeal and accordingly it is dismissed. The confirm..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......aintiff to the suit have every opportunity to falsify the plea of the defendant as alleged therein during trial of the original suit after adducing tangible, cogent and credible evidence. 14. In view of the facts and circumstances of the case I have every reason to incline such a view that the ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......ner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life. 18. In view of the facts and circumstances discussed above, we are of the view that the judgment of th..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......d could not be conveniently dealt with in wit jurisdiction. Reference in this regard may be made in the case of Sarder Jan-e-Alam Vs. Arab Bangladesh Bank Ltd. reported in 4 BLC (AD) 178.
11. In view of the above decision, we are of the view that it will be just and proper and justice will be d..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....ing to the Chief Advisor of the then Care-taker Government, it is the most modern ship in Bangladesh Navy serving till today. The allegation made in the charge sheet that it was an unproven design is erroneous. It is an Ulsan (Modified) class frigate and ULSAN class frigate usually used by the South......case due to political reason and in doing so he also entangled these accused petitioners in this case to use them as escape goats. He further submits that these allegations did not come within the preview of section 409 and 418 of the Penal Code and the section 5 (2) of the Act II of the Prevention ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......hich 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, the determination of the points in controversy depend upon the const..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....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. ......he prays for an order of remand to the learned Trial Court so that the government can avail of the opportunity to prove it's case by adducing evidence and marking the papers Exhibits. 11. In view of the above submissions of the learned Assistant-Attorney-General the learned Counsels ap..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case 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: 18 BLC (HCD) (2013) 382. ......he Code of Criminal Procedure. 10. Having due regard to the facts, circumstances and legal aspects discussed above, we are led to hold that the impugned proceeding is not liable to be quashed in view of existence of a clear prima-facie case against the accused-petitioner to attract the offences..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....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 ......n 6-1-2011 a copy of the order passed in the appeal has duly been annexed as Annexure-1 to the affidavit-in-opposition filed by the respondent No. 3. 7. Mr. Fida M Kamal also pointed out that in view of the rejection of the said appeal by the appellate authority and the said order dated 6-1-201..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....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: ......rcumstances, another Division Bench of this Court disposed of some other matters with necessary direction upon the Customs authority, which were also affirmed by the Appellate Division, we are of the view that the instant Rule may also be disposed of with necessary direction. 11. Accordingly, the..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... 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 ......nder section 4(2) of the Anti-Corruption Act, 1957 (hereinafter called the Act). Thereafter, the record of the case was against transferred to the Court of learned Senior Special Judge, Dhaka who, in view of section 4 of the Anti-Corruption (Tribunal) Ordinance, 1960 and section 6(3) of the Criminal..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....g for the accused-petitioner placing the impugned order and other materials on record submits that the learned Special Judge misread and misconstrued the judgment passed by the Appellate Division and erroneously came to a wrong decision without appreciating the pertinent fact that in the said case t......ey Alam, the learned Attorney General appearing for the State referring 2(two) judgments passed by the Appellate Division one in Civil Petition for Leave to Appeal No. 10 of 2011 and other in Civil Review Petition No. 32 of 2011 submits that the points as raised by the present accused-petitioner hav..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......ing settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the Hindu Community" was; shown as the possessor. Subsequently, with a view to removing complication that might arise in future, Abinash Chandra Ghosh and others executed..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....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 ......RP Passport in favour of the petitioner. 11. Now we would like to move on next submission of MR Uddin in respect to freedom of movement so far the petitioner's right is concern. In this view, we shall be gainful if we look at Article 36 of the Constitution of Peoples' Republic of B..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....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 ......Penal Code. There is nothing in the FIR and charge-sheet to show as to how the accused-petitioner had connivance with the principal accused in the matter of creating forged document. Thus we hold the view that the facts disclosed in the FIR and charge-sheet do not attract any offence against th..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......s to be placed and the vacant post of the directors retired by rotation is also required to be filled up in the AGM. So, the importance of timely holding of the AGM need not be emphasized. 9. In view of the deliberation recorded above, and in the facts and circumstances in this case, I find tha..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... 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 evidence on record from the FIR version as regards the place of occurrence but the defence has not taken any contradiction by drawing P.W.S's attention to the allegations made in the FIR. In view of the explanation given by the investigating officer, it is apparent that the occurrence was..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. 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) 230 ......hamari by the impugned judgment and order dated 23-2-2010 passed in Criminal Revision No. 21 of 2010. 10. Considering the facts, circumstances and legal aspects involved in the case, we hold the view that both the judgments of the trial Court and revision Court relating to framing of charge suf..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)
....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. ...... of the order of ad-interim injunction passed by the learned Assistant Judge. From the impugned order, it appears that the High Court Division interfered with the order of the District Judge on the view that the order passed by the District Judge was not a speaking one and on such view, as it ap..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....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. ...... submitted with prior sanction of the Commission, it was observed that such sanction: was not inconformity with Form-3 of the Anti-Corruption Commission Rules. The High Court Division was of the view that the sanction letter under memo dated 7th October, 2009 was a mechanical one without a..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
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