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Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....dex and his signature on those as Exhibits-3, 4, 3/1 and 4/1 respectively. He deposed that he recorded the statement of the witnesses under Section 161 of the Code of Criminal procedure and after holding proper investigation had submitted charge-sheet against the accused persons. 27. In his......19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession over the spot or that none else has excess to it, cannot make him liable for conviction under Sectio..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....১৯৯৮ অনুসরন করে কার্যক্রম পরিচালনা করতে হবে”। In view of above discussions and findings we have no hesitation in holding that the appellant-company has failed to comply with the requirements of the Policy of 1998......a J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16,..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....furious. 3. In the above background, the respondents obstructed her on the way of going to the Madrasa on 12.4.2009 at about 9.30 a.m. and violated her modesty. The complainant took initiative for holding a shalish, for which they became more furious and hatched up a conspiracy to give him a good......ng for respondent Nos.2 and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed strictly by the provisions of the said Ain. He further submits that section 27 of the Ain do..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ideration money and promised to execute a sale deed within 1(one) month from 3ate. The court of appeal below believed the plaintiffs claim for specific performance of the subsequent contract holding that the trial court on a proper appreciation of the materials on record rightly believed t......f the appellants on 15th January, 1964. Paresh Chandra Nath subsequently instituted Money Suit No.6 of 1965 against Hasan Ali Driver in respect of the same property claiming him as tenant for recovery of arrear rents. According to the plaintiffs, the defendant Paresh filed a compromise petitio..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
....J.- The writ petitioner obtained the present Rule on 6-4-2011challenging the memo dated 17-2-2011 issued by the respondent No.2 cancellingthe schedule declared on 25-1-2011 by the respondent No.4 for holding electionon 19-2-2011 for the Managing Committee of Charpathalia Nurul Huda High School,Matla......….Respondents
Judgment
August 25, 2011.
Result:
The Rule is made absolute.
Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a Non-GovernmentEducational Institution?
The local Member of the parliament beinga public representative ..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....d in case of one bidder in a negative way to give it less marks, the same were not applied in the same way in case of other bidders, thus making arbitrary discrimination. While one of the reasons for holding the petitioner-firm non-respective was that it sought 20% advance payment, the same con...... August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Parishad Vs. Government of Bangladesh, 43 DLR (AD) 126; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1=17 BL..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....ement Court praying for excluding the property in question from the list of the abandoned buildings. 5. The Court of Settlement by its judgment and order dated 12.09.1990 dismissed the said case holding that the inclusion of the property in question in the list of abandoned buildings was n...... Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ty demanded. At the hearing preliminary objection was raised as to the maintainability of the writ petition in presence of alternative remedy. The High Court Division allowed the writ petition holding that section 30 of the Customs Act was not tenable. This judgment was challenged in this Di......vrao Vs. Sambhajirao, AIR 1988 SC 709; Lai Mandi Vs. State of WB (1995) 3SCC 601; State of Himachal Pradesh Vs. Shri Pirthi Chand, AIR 19% SC 977; State of Kerala Vs. OC Kuttan, AIR 1999 SC 1044; Government of Bangladesh Vs. AT Mr. Mriidha, 26 DLR (SC) 17; Bangladesh Vs. Tan Kheng Hock, 31 DLR (..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....y extend to seven years and shall not be less than three years, to which fine may be added." 60. It is pertinent to point out that the learned Judge of the Court below convicted the accused holding following views: — I. The accused were belonged to JMB, II. Confessions of t......fore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the evidence lending assurance to such statements Moreover, the confession of one co-accused can not be used for corroborating the confession of another c..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....was started with the lodging of FIR on 17-12-2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29-10-2004. So in the instant case question of holding investigation by the Durniti Daman Commission or any authorized officer of the commission as......ip;…….Opposite Party Judgment July 14, 2011. Result: The Rule is discharged. Case Referred to- Abdur Rahman Vs. State, 48 DLR (AD) 167; Tarique Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahm..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... J and my learned brother, Md. Abdul Wahhab Miah, J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, ......-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her husband at different places and so she could not visit ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....jatan Daman Tribunal, Patuakhali on 29.9.2004 on the self same allegation. On receipt of the said complaint, the learned Judge of the Tribunal sent it to the Magistrate of First Class, Patuakhali for holding a judicial enquiry and submitting a report. The Magistrate, after completion of his enquiry ...... was going to Madrasha to learn Arabic. Respondent No.1 took her to his house and violated her chastity against her will. Thereafter, she was taken from one place to another and ultimately she was recovered from the maternal house of respondent No.1 on 3.5.2004. On the following day, she went to Gol..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....r submits that while drafting the plaint it was mistake of the learned Advocate who did not include the land of P.S. plot No.19 containing 0.2200 acres of land and learned Judge dismissed the suit holding that plaintiff claimed excess land than acquired by exhibit-1. Learned Advocate further sub......dant No.1 to anybody else except them. Defendant No.4-8 and defendant No.9 and 10 made contradictory statements as to the sale of land. It is further found from record that defendant No.1 sold an over 0.8800 acres of instead of 0.7187 acres to defendant Nos.4-8 and defendant Nos.9-10 making sa..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....n – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has to condone the delay in holdi......ant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debit..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....e law as prevalent at that time, exonerated the petitioners from further criminal liability, as such, cannot be subject to any criminal liability in future but the High Court Division erred in law in holding that the exonerations made under the impugned Ordinance is of no legal effect, which is cont...... Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. Result: The Petition is dismissed Cases Referred to- Governor-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association Vs. Feder..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....e charge sheet as to how, when, from whom, in connection with what deal or deals the petitioner had dishonestly earned the aforesaid amount of money, although a charge sheet has been filed after holding a complete investigation into the case narrated in the FIR. As such ingredients of section 5......e impugned proceeding is liable to be quashed at the inception without further prolongation. He also submits that, the sanction accorded by Memo No.23.40.04.04.01.126.2002-579 dated 26-8-2002 by the government is tainted by bias and the same has been issued without application of mind and this is no..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....JUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported actions of eviction by the appellants from holding No.572 appertaining to C.S. Plot Nos.434, 435 and 436 corresponding to R.S. Khatian No.1145 ......) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....amined the witnesses and recorded the same. He stated that he sent the victim to the Magistrate for recording her statement and at that relevant time the victim was carrying 35 weeks pregnancy. After holding investigation he submitted charge sheet under Section 9(1) of the Nari-0-Shishu Nirjaton Dom......o cause of delay. She further submits that the allegation of commission of rape upon a girl of 12 years by a person aged about 55 years in a densely populated area in the morning is unbelievable. Moreover, as it appears from the evidence on record that the house of the accused is situated adjacent t..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....o motu Rule in exercising its power under article 102 of the Constitution of the People’s Republic of Bangladesh (the Constitution) and that the High Court Division could make the Rule absolute holding the fatwa in question unauthorized and illegal and make other observations and recommendatio......llip;…..Appellant (In Civil Appeal No.593 of 2001)
Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Re..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....by him with reference to a Nathi No. “দুদক/১১৮-২০০৭(অনুঃ২)” it has been transpired that in between 1-1-1999 to 31-12-1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the C......petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council was also accompanying him. That, on 20-5-1999 another amount of Taka 7,00,000 (seven lakh) was also handed over to the accused petitioner by Md. Habibur Rahman himself, in the office of the accused peti..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
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