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Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
.... Since all the applications under section 561A and have challenged the same proceeding, all the applications were heard together and by a single judgment these 4 Rules were disposed of. 8. Short facts relevant for the purpose of disposal of the Rule, in brief, are that one Mir Md. Joynul Abedin......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ......cused 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 exercising jurisdiction under section 561A of the Code of..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....o Boalmari PS case No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur should not be quashed. 2. The facts relevant for the disposal of the Rule, in short, are that on 15-2-2007 one SI Mozi-bor Rahman,......lip;(10) Cases Referred to- Habibur Rahman Mollah (Ex-Member of parliament) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate......id Sarwar, the learned Deputy Attorney-General for the state opposing the Rule submits that the prima facie case has been made out against the petitioners so the case cannot be quashed without taking evidence and, as such, the proceeding of the case is not liable to be quashed. 9. We have given..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....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 Contract Act does...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: ......ent in the High Court Division which affirmed the judgment of the trial Court. 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 ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....seek remedy before the civil Court, not in the instant writ petition. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of law and facts do not call for interference. Accordingly, this civil petition for leave to appeal is dis......inha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....ned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be 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 ......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ......ross illegality and irregularity in deciding the merit of the appeal. The learned Advocates further submits that during disposal of the appeal there has been glaring misreading and non-reading of the evidence and non-consideration of the material facts resulting in an error in the decision occasioni..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
.... to his known source of income. These are allegations against the accused-petitioner brought by the prosecution. Though the accused-petitioner does not admit those allegation to be true, the disputed facts are not supposed to be resolved in this forum. The accused-petitioner shall get opportunity to......ary 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere ......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 accused shall have to rebut presumption about the ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....ion disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itself for their resolution, almost invariably there will arise dispute over facts which cannot and should not be decided in an extraordinary and summary jurisdiction ......rt Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Result: Th......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 ..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: ......al Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgment January 28, 2013. Result: The Rule is dispo......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: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....f Criminal Procedure for the purpose of quashing a proceeding, one of the following conditions must be fulfilled:— (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. ......s Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Abdullah-al-Noman……………...............Petitioner Vs. State and another..........................Opposite-Parties Judgment January 24, 2013. Resu......face value and accepted in their entirety, do not constitute the offence alleged. (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must also be given opportunity to prove the allegation by adducing evidence. The disputed facts are not supposed to be resolved in the present forum without taking aid of the evidence t...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O......ip;………………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
.... Court No. 3, Dhaka in Special Case No. 17 of 2011 rejecting the application under section 344 of the Code of Criminal Procedure refusing to stop the proceeding of the case. Background facts for filing the instant application are as follows; On 26-10-2009 Mohammad Ibrahim, Assist......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja......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. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
.... the appeal and affirming the judgment and decree dated 31.03.2002 passed by the learned Additional District Judge, First Court, Tangail in Other Suit No.01 of 1980 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that respondent Nos.1-10 herein as the......ellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol an...... 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 property and his further point..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: ......vision (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Md. Sadek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is dispo......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: ..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 ......dique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Resu......e exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for protection", it is a document of identity, it is prima facie evidence of nationality, in modern times it not only controls exit from the State to which one belon..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....urther proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. Relevant facts necessary for disposal of the rule are that the informant Md. Nezamuddin at first filed a peti...... in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned......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 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
.... frivolous and filed with co-lateral purpose, it has become impracticable for the company to transact the adjourned addend and to complete the 33rd AGM as well as to hold the 34th AGM in time. In the facts and circumstances of the case and in the interest of the company and to obviate further prejud...... High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Asaduzzaman Shahid Khan......................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: The petiti......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
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. I...... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Habibur Rahman @ Habu and others..........Appellants Vs. The State..........................Respondent Ju......edure, 1898 (Act No. V of 1898); section 342 Section 342 Cr.P.C. requires the trial Court to examine the accused for the purpose of enabling him to explain any circumstance appearing in the evidence against him. The substance of this examination is that the principles of natural justice s..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....e of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has been subsequently extended from time to time. 3. Relevant facts necessary for disposal of the rule are that on 14-6-2005, an Officer of Islami Bank Ltd., Said...... ......nstitute an offence of cheating punishable under section 420 of the Penal Code as well. Question of initial deception may be a subject matter to ascertain at the time of holding trial on the basis of evidence on record and a criminal proceeding on account of cheating may well be maintainable even if..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)
....er XLI of the Code has clearly empowered the Appellate Court, here the District Judge, to pass an order of stay of operation of the order or decree passed by the Court Subordinate to it and in the facts and circumstances of the case, the learned District Judge did not commit any error of law in ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others...................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. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....ecial Case No.3 of 2009 pending before the Special Judge, Mymensingh on technical grounds that no sanction has been given by it inconformity with Form-3 appended to the ACC Rules, 2007. 2. Short facts leading to the initiation of the proceedings are that pursuant to an FIR lodged with the Kotwa......ns. The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for a......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. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
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