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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... SC 801; Charan Singh Vs. State of UP, AIR 1967 SC 520; Dharam Das Vs. State of UP, AIR 1975 SC 241; SP Vhatnagar Vs. State of Maharashtra, AIR 1975 SC 826; Taslimuddin Vs. State, 44 DLR 136, Keshab Chandra Mistry Vs. State, 1985 BLD (AD) 301; Allah Ditta (Supra), 11 DLR (SC) 38; Hasen All Vs. State......rther weakened by the circumstance that their makers had themselves resiled from them.' In Fazu Kazi, (29 DLR SC 271) the above views have been reaffirmed observing "It may, however, be noted that a retracted confession has very little probative value against a co-accused. Retract..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
.... the ultimate decision in the Case that the determination of tariff value should be in accordance with rules. More so, the facts of that case are quite distinguishable, inasmuch as, in the case in hand there is no dispute regarding the difference in price for determining tariff value. 28.&n......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)
.... inter alia, that those lands belonged to Keshab Lai Mondal who gave a proclamation for transfer of those lands and the plaintiff intended to purchase the same. The defendant's father Akhil Chandra Biswas was the sister's husband of the plaintiff and he used to live in the mess of the p......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... on 15-5-2012 or on any other date to amend the aforesaid articles in the manner as proposed. 4. The learned Advocate Mr. Rais Uddin Ahmed, appearing for the Respondent Nos.2 and 5, on the other hand, submits that the petitioner has not come in clean hands before this court. He further sub......s per Article 15 of the AoA and that if resolution is allowed to be passed then his interest is likely to be discriminated, albeit he is one of the original subscribers. 8. It is to be noted here that the jurisdiction under section 233 of the Act is regulatory and preventive in n..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782; Central Bank of India Vs. Devi Ispat Ltd, 11 SCC ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....of Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State and another, reported in 62 DLR (AD) 233 and the case of Faridul Alam Vs. State, reported in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on in...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....e Munshi Vs. State, 44 DLR (AD) 137; State Vs. Abul Kalam, 5 BLC 230; Hafez Munshi alias Hafizur Rahman Vs. State, 13 BLD 461. Lawyers Involved: AKM Sarwar Jatum, with Zulfiqure Matin, and Khandaker ]ahirul Hoque, Advocate—For the Appellant. Md, Fazlur Rahman Khan, DAG, with Yes......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 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S.C. 2328, S.C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268,......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)
....dering the age his sentence of death should be commuted to one for imprisonment of life. 12. Mr. Md. Shohrowardi, learned Deputy Attorney General, appearing on behalf of the State, on the other hand, submits that the confession of the condemned-prisoner is not only true but also voluntary and ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... Rafique-ul Huq, Senior Advocate with Ahshanul Karim, Advocate instructed 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 ...... 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
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
...........(4) Cases Referred to- Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47; Debabaria Chatterjee Vs. Md. Munsur Ali, 36 DLR 136. Lawyers Involved: Manoj Chandra Bhadury, Advocate-For the Defendant-Appellant-Petitioner. No one appears-For the Opposit...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
.... was issued at the instance of the petitioners for not complying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as receiver) was directed to hand over the management of the company to the incumbent Board of directors alongwith all papers and......1 = 63 DLR (AD) 29 and another case is that of Shahidul Hague, Inspector General of Police Vs. State, reported in 58 DLR (AD) 150, which has resulted in loosing his job by the con-temnor. It is to be noted here that until and unless the nation identified as a law abiding one, these judgment may not ..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....Judge of the Single Bench. We further observe that before entering in to the merit of a writ petition the judges owe a duty to see whether the writ petition is maintainable in law, and in the case in hand since the writ petition was not maintainable the learned Judges ought not to have entered into ......d, whereas in the prayer as stated hereinbefore the judgment and order of the learned District Judge passed in the artha rin miscellaneous appeal was impugned. However, from the Rule issuing order as noted in the impugned judgment and order of the High Court Division, it appears that the Rule was is..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....tions 5 and 6 of the Act, 1881, Bill of Exchange drawn on Bank is a cheque and is a “debt on enactment”, within the meaning of section 31 thereof; the defendant Bank having sufficient fund in its hands must pay the Bill of Exchange (cheque) and in default, must compensate the drawer for loss or ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....dded as party, meanwhile on the basis of the GD Entry as mentioned above, the signature available in the certificate allegedly issued by the Human Resources Manager of the petitioner bank was sent to hand writing expert who having investigated the same, in his turn, opined that the signatu......ালিকাসহ গণবিজ্ঞপ্তি প্রচারের ব্যবস্থা নিতে হইবে। 16. We have also noticed that in view of the new insertion noted as above, the respondent No. 3 issued its memo dated 24-11-2010 to the petitioner bank as..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....o.266-Ain/2007 dated 27.11.2007 (Annexure-A), framed by respondent No.1 in exercise of power as provided under section 52(1) of the Chittagong Port Authority Ordinance,1976, substituting berth/ship-handling operation in place of stevedoring/shore-handling operation at Chittagong port, should not ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....id was approaching towards their house, having heard the hue and cry, and the dacoits, having found him on his way to the place of occurrence, had indiscriminately dealt Ram Dao blows on his head and hands as well as dealt iron rod blow on his back. At that time the informant, his other relatives an...... 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. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....e taken into account while deciding the question of whether the property is abandoned or not.
9. Mr. Mahmudul Islam, learned Senior Advocate appearing on behalf of respondent No.1, on the other hand, submits that the disputed property was not listed in the ‘kha’ list in compliance ......did not give any finding about it. Therefore, even after pronouncement of the judgment by the High Court Division, the findings of the Court of Settlement remain intact.
17. On consideration of note No.2 dated 24.06.1973 of the file of the Ministry of Works, the High Court Division came to a f..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....titioner that he will be recruited under 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......cords placed before us, we find that there is a provision of 30% quota system for the freedom fighters' sons, which has to be strictly followed for the recruitment of Sub-Inspectors of Police. We note that the petitioner in the instant writ petition is the son of a valiant freedom fighter and ha..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....the election. 16. Mr. A. J. Mohammad Ali, learned Senior Advocate appearing on behalf of respondent No. in civil miscellaneous petition for leave to appeal Nos.623-624 of 2012, on the other hand, submits that according to Sub-rule (1) of Rule 11 of the Bangladesh Legal Practitioner and Bar......er writ petitions in which the High Court Division issued Rules and passed interim orders stopping the election schedule of the Bangladesh Bar Council. 18. At the very outset, it is important to note that the Bar Council election should be held as expeditiously as possible and therefore, we hav..Category: Others | Date: 18 Jun, 2012 | Hits: 7
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