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ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......rted into court of appeal or revision. It is only where stannory remedies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
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. ...... 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. ...... be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......ppe Bati" was not seized by the investigating officer. It may be a fault on the part of the investigation officer. But such inadvertent omission has not materially affected merit of the case. No question has been raised by the defence side in this respect at the time of cross-examination of ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......shy;itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......erted into Courts of appeal or revision. It is only where statutory remedies are entirely ill suited to meet the demand of extra ordinary situations that is to say where vires of a statute is in question or where the determination is malafide or where any action is taken by the executives ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ...... This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ions are enforced in order to achieve fairness. Thus where it was argued that a previous practice of giving an oral hearing gave rise to a legitimate expectation of a hearing, the court said that the question was whether the official in question had acted unfairly and in the circumstances the decisi..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....case, in brief, are that the petitioner-plaintiff instituted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land measuring an area of 21 decimals as show......tuted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land measuring an area of 21 decimals as shown in the ‘Ka’ schedule land to the plaint and also ......rder of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....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
......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
...... all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......ng the application filed by the petitioner under section 33(2) for setting-aside the auction sale. The learned Advocate further submits that the writ jurisdiction is not maintainable for deciding the question of fraud and material irregularity in publishing and conducting the sale in auction, w..
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)
....busing his position as public servant, obtains 4[or attempts to obtain] for himself or for other person any valuable thing or pecuniary advantage 5[, or] (e) if he or any of his dependents is in possession, for which the public servant cannot reasonably account, or pecuniary resources or of pro......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... Revisional Jurisdiction) Present: Siddiqur Rahman Miah J KM Kamrul Kader J Rear Admiral M. Nurul Islam, NCC, PSC (Retd.)…………Accused petitioner (In Criminal Misc No.2334 of 2004) Commodore Harunur Rashid (Retd.)…………&hel......18 of the Penal Code. The allegations against these accused petitioners also comes within the purview of the section 5 (2) of the Prevention of Corruption Act. 1947. He further submits that these are question of facts need to be decided by adducing evidence at the trial court and this court exe..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... its execution, the defendant shall handover the up-to-date rent receipts, holding receipts, the electricity bills and other bills for water, gas etc. and also the vacant possession of the house and on settlement (মোকাবিলা) of shop's dispute, and afte......onsideration should be paid on the signing of the deed and, in default of payment within the stipulated time, the earnest money would be forfeited and the vendor would have the right to sell the land. In the facts of the given case, their Lordship were of the opinion that section 55 of the Cont......, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......urt. 4. Mr. Abdul Wadud Bhuiyan, learned counsel has taken us to the agreement, the judgments and the material evidence on record and argues that on a plain construction of the agreement in question there is no doubt that the parties have intended the time as the essence of the contact and..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....y;dant-appellant-opposite party is such that the suit property remained under water of the river ArialKha for a period of 70/75 years and as a result the plaintiffs have no right, title, interest and possession therein. After reappearance of the land in hal plot No.1364, the defendant allotted the s......set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the land measuring 1.92 acres appertaining to CS Khatian No.3 in plot No.272 of Mouza-Shaheber Char, und......C (HCD) (2013) 386. ......evant CS Khatians, RS Khatians, SA Khatians, plot index and the certified copies of the approved Sketch Map (Kalami Naksha) of the government and those papers were duly marked Exhibits. The pertinent question in the instant suit is, as to when the suit property reappeared from the garb of the river ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....in this forum. The accused-petitioner shall get opportunity to explain about the acquisition of property so concealed and his legal sources of income justifying acquisition of properties found in his possession at the time of trial by adducing evidence. Section 27(2) clearly provides that the accuse......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. ......d 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. ......apex Court that the said time limit for submission of the police report is directory in nature having no consequence upon the proceeding itself. It does not create any legal bar to proceed. As to the question of requirement of the sanction, the learned Advocate submits that prior sanction is only ne..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 ......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 ...... (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......oted as aforesaid also clearly indicate that under the circumstances disclosed above no writ petition can be maintained as in the instant one. 13. Question of maintainability is a pertinent question which has to be decided initially before entering into the merit of the case in detail and ..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: ......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: ......ceipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......Ishrat Jahan, Assistant Attorney General-For respondent No.1. Writ Petition No.4251 of 2004. Judgments Md. Ruhul Quddus J.-This rule nisi at the instance of an importer was issued calling in question the order dated 03.06.2004 of the Customs authority passed in nothi No.S-2/69/ Misc./AP/Sec..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....olice Station against the accused-petitioner alleging, inter-alia, that the Government on receipt of the information and after making preliminary enquiries became satisfied that the petitioner was in possession of pecuniary resources or properties which were disproportionate to his known source of i...... letter dated 25-4-2000 issued by the Government for the purpose of prosecution against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957 is mechanical one and this being the landscape, the impugned proceedings being abuse of the process of the Court should be quashed. ...... 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 ......40.04.01.14.2000-260 dated 25-4-2000, also accorded sanction letter to prosecute the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957, and under the given context, the question of initial satisfaction of the Government to issue notice and lack of previous sanction to ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......e judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......ourt cannot claim inherent jurisdiction to exercise powers taken away by legislation. During exercising jurisdiction, the High Court would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial Magistrate and it might so happen tha..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ivision. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ...... offence, committed under the said Ain and there is a continuity of legislation from the Money Laundering Protirodh Ain of 2002 to Money Laundering Protirodh Ain, 2009 and, as such, the Ordinances in question and Money Laundering Protirodh Ain, 2009 have no bar in respect of inquiry, investigation a..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. ......peration, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the......ave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......he suit as they are believers of worshipping Vishnu and they are not entitled to offer Shashan Kali Puja not to speak of appointing as Shebait of the deity. After that, the defendant raised another question that there is no legal evidence about mismanagement and/or misappropriation of the deity's..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ...... The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ...... Humayun, Advocate-For the petitioner. Tufailur Rahman, Advocate-For respondent no. 2. Writ Petition No.7903 of 2011. Judgment Md. Ruhul Quddus J.-This Rule nisi was issued calling in question the legality of an order as contained in MemoNo.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by t..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
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 ......in the earlier judgment the emphasis was laid on the request to protect the citizen, this judgment says that the main function of a passport is to control the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for prot......dgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......g of law imposing restriction on the freedom of movement by an executive order will be unconstitutional. By law a reasonable restriction may be put on the movement of a citizen. 14. Now the question is whether right to travel or right to passport is a part of freedom of movement. In order ..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 ...... of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with business af......end 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 ......07, the accused No. 1 Md. Alam Khan accompanied by 3-4 unknown miscreants surrounded the informant and threatened him with dire consequences, if he does not pay Taka 5 lakh in lieu of the property in question. The accused No.1 disclosed that the informant would not be able to recover his property, i..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. ...... shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing......r be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......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. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
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