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Kamal Vs. State, 2012, 41 CLC (HCD)
....ellaneous Case No.26741 of 2009. Judgment Md. Abu Zafor Siddique J. - On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passe......seizure list was prepared and signature of the witnesses were obtained there, thus Uttara Police Station Case No.40 dated 29-1-2003 was started. 3. The case was investigated by the police. After investigation police found prima-facie against the sole accused-person and submitted a charge-..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e Agreement including additional conditions, an addenda to the amended License Agreement dated 27-12-2004 under Sections 89 and 90 of the BTA. Subsequently, BTRC vide letter Nos. BTRC/SM/4-23/94 part-7/80-834 and BTRC/SM/4-23/94 part-7/80-833 both dated 2-7-2005 issued to the Petitioner, alloca......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....as been admitted into evidence, we notice that the injury on the neck is on the left side and not on middle of the neck causing injury to the vocal cords. The other gun shot injuries are on the lower part of the left abdomen, the left side of the buttock and on the legs. In view of the consistent ev......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... and 3 respectively. The suit was subsequently transferred to the Third Court of Sub-ordinate Judge (Arbitration), Dhaka and renumbered as Other Class Suit No.01 of 2000. The said suit was decreed ex parte by the judgment and order dated 24-7-2000 and Mrs. Farhat Hasan was directed to execute and re......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company which can not meet the pre-qualification re......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... should be set-aside. He further submits that the prosecution could not examine any independent witnesses to prove its case and that the High Court Division relying upon the evidence of the partisan witnesses affirmed the conviction and sentence passed by the trial Court and as s...... place of occurrence whereupon the accused fled away. Subsequently, an FIR was lodged with the Bhangoora Police Station resulting in Bhangoora PS Case No.2/31 dated 15-11-1993. 4. Police took up investigation of the case and recorded the statements of the witnesses under section 161 of the Code..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....move those if he dared to do so. At that time, Younus Khalifa, Alefuddin Khalifa began throwing bricks aiming at the informant. At that point of time deceased Korban came there and requested both the parties to stop quarrel assuring them that he would settle the dispute amicably. After that, Korban ...... of occurrence whereupon the accused fled away. Subsequently, an F.I.R. was lodged with the Bhangoora Police Station resulting in Bhangoora P.S. Case No.2/31 dated 15.11.1993. 4. Police took up investigation of the case and recorded the statements of the witnesses under section 161 of the Code..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....9. (From the judgment and order dated 10-11-2009 passed by the High Court Division in Criminal Miscellaneous Case No.24129 of 2009). Judgment SK Sinha J. - State seeks leave from an ex-parte order of the High Court Division made in exercise of its inherent power pursuant to a petition......ely submitted a charge-sheet in case and eventually the case was taken up by the trial court for trial, and in the midst of trial, on the prayer of the prosecution, the case was sent back for further investigation on the reasoning that some accused persons who are directly involved in the incid..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ot supported by P.Ws.7, 16 and 20, and therefore, no reliance can be attached to P.Ws. 7, 16, 20; that if the story introduced by P W 32 regarding the threat of Jibran by Titu on the alleged birthday party of P.W. 16 is taken as true, it is quite natural that she (P.W. 32) would have intimated this ...... score, no reliance could be attached upon her so far as it relates to the story of threat. 44. When a witness 'is contradicted with his earlier statement recorded by the police in course of investigation, the only effect that it can have is to reduce the evidentiary value of his testimony ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....rest to the cause involving public wrong or public injury will alone has a locus-standi and can approach the court to wipe out the tears of the poor and the needy ones. All or every default on the part of the Government or a public authority is not immune from interference. No person shall, over......on (7) of section 5 authorises the NBR to fix tariff value for the purpose of determining VAT and supplementary duty on taxable goods i.e. programmed SIM/RUIM cards for public interest after making investigation. 26. The NBR declared programmed SIM/ RUIM Cards as service by way of explanatio..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
.... Mainuddin with Abdul Hamid Munshi, Advocates—For the Opposite-Parties. Civil Revision No.3711 of 1999. Judgment Shahidul Islam J.- This Rule was issued calling upon the opposite-parties to show cause as to why the impugned judgment and decree dated 28-6-1999 passed by the learn......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)
....business and functioning of the company. Even if the 4 members do adopt an unanimous resolution that can also be prejudicial to the interest of the company in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act……………&hel......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....ry steps. It further appears that the aforesaid law specifically provides the actions to be taken by the respondent Nos.1 and 2. As per the said provision of law, it is incumbent and mandatory on the part of the respondent Nos.1 and 2 to appoint a Magistrate of First Class for handing over the posse......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....gn, finance, insure, build, own, operate and maintenance of 50 MW power Plant project on rental basis at Kumargaon and Shahjibazar, Sylhet and accordingly the Petitioner as a Joint Venture Consortium participated in the said Tender successfully and entered into a Contract bearing Nos. 09689 (For Sha......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. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......rrence. The injured Siraj Ullah was then taken to the hospital for treatment where he succumbed to his injuries. On the basis of above ejaher the case was started. The police, after completion of investigation, submitted charge against all the FIR named accused persons including the present accu..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......olice Station on 31st May for alleged commission of offences punishable under different sections of the Penal Code. The case gave rise to Mohammadpur PS Case No.123 dated 31st May, 2009. In course of investigation of the case, one accused GMM Morshed made a confessional statement in which he implica..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) Confessional statement can not be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either ......bsp; ante-mortem and homicidal in nature. 7. The police investigated the case and submitted charge-sheet against the accused-appellant under section 302 of the Penal Code. 8. At the time of investigation, the police arrested the accused-appellant who made confessional statement under secti..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... a civil court in respect of any order directing the preparation or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be fur......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....petitioner is a lawyer of the Supreme Court and firm believer in the rule of law and constitutionalism. He is keen to ensure that the tenets of the Constitution of Bangladesh are strictly adhered to, particularly, the doctrine of separation of power as enshrined in the Constitution so that there is ......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
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....erence, the above said criminal appeal and jail appeal together and by the impugned judgment and order disposed of all those dismissing both the appeals and accepting the death reference in part maintaining the death sentence awarded to this present accused-petitioner Jamat Ali. The H...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
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