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Nalu Vs. State, 2012, 41 CLC (AD)
....that the deceased Emran was called away from the house of P.W.6 Md. Atab Ali on the plea of eating mango by condemned-prisoner, Nalu and that there was nothing on record to show that deceased Emran departed from the condemned-prisoner before recovery of his dead body from the maize field and the cir......After that, the informant along with his nephew, Md. Aftab Ali went to Manikgonj Police Station and lodged the First Information Report (FIR). 3. Shamsul Haque, Sub-Inspector of police, took up investigation of the case. He visited the place of occurrence, prepared the sketch map of the place ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... members to the Executive Committee, is valid. The affiliated clubs to the Federation had no authority to change their Councilors. 6. A Division Bench of the High Court Division after hearing the parties by the impugned judgment and order made the Rule absolute in the following terms: “The ......stipulated in the Federation’s constitution. The Secretary, Ministry of Sports is hereby directed to request the office of the Auditor and the Comptroller General to deploy an auditor to conduct investigation into financial affairs of the federation. The secretary, of the said Ministry will als..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....such cases while accepting the police report, if filed beyond the prescribed period of time, the Court is to look into this aspect in order to be satisfied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed......
The Anti-Corruption Commission Rules, 2007, Rule 10
Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, rather it is dire..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
....h was found to be an interference with the proper administration of justice by the High Court. The Supreme Court also observed that, the Government of Pakistan was extremely ill-advised in becoming a party to the contempt proceedings (drawn against Mr. Snilson) and identifying itself with the appell......ssued in this matter.
8. This Court, being a Court of record, article 108 of the Constitution of the Peoples Republic of Bangladesh has conferred upon this Court the power to make order for investigation as well as to punish for contempt of this Court. This power is inherent, indispensable..
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)
....loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgment and decree dated 20.10.1994. As the judgmen......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....prove consideration for the instrument or instruments in question in accordance with the provisions of rule 3 of Order XXXVII of the Code; the defendant, American Express Bank Ltd, (it was not made a party in the writ petition as already stated hereinbefore) is a Banker within the meaning of section...... 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)
...., Dhaka in Appeal No. 349 of 2011 affirming the order dated 8-4-2011 passed by the respondent No.2, 2nd Labour Court, Dhaka in BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the said BLL Case No. 199 of 20....... Ahsanul Karim, submits further that on the basis of a GD Entry lodged by the Human Resources Manager of the petitioner bank, the certificate was sent to the hand writing expert for opinion and upon investigation the hand writing expert filed report disclosing that the signature available in the ce..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)
....y footing by amending the Regulations for Working of Chittagong Port (Cargo and Container), 2001(in short the Regulations, 2001) abolishing the age-old stevedoring/ ship handling services at CP in particular substituting, amongst others, regulations 68 and 74 of the said Regulations, which had b......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)
....ed, and the Courts should not be invited to do that, as it would lead to pre-judging the material issues in the case, while deciding the bail application. Such an attempt before the higher Courts, in particular, is wholly undesirable, as any expression of opinion by them on the merits of any point o......under section 395/397 of the Penal Code against Md. Abdul Karim and 14 other unknown dacoits. (underlining is mine) 13. It further appears from the record that thereafter the police has taken up investigation and in the course of investigation Abdul Karim who was caught red-handed, before the l..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
.... ‘kha’ list of the abandoned buildings since it was never pointed out either by the Ministry of Works and by the Revenue Authority that the property is an abandoned property. In the early part of 2000 AD, the writ petitioner came to know that the property has been enlisted in the ‘......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....s to why the failure in complying with the 30% (Thirty percent) quota system reserved for freedom fighters and/or their issues, as contained in respondent No. 2's Memo No. SA Ma (Bidhi-1) S-8/95 (part-2) 56 (500), dated 17-3-1997, as amended by Memo No. 170.1997.07.04.068.2010-150, dated 5-5-201......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....23 and 25 of the Order of 1972 at least 30 days before the polling. The voter list has not been prepared in accordance with law. 7. The learned Judges of the High Court Division upon hearing the parties disposed of the Rule by the judgment and order dated 25-5-2012. 8. Feeling aggrieved by......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....etitioner submitted his wealth statement on 18-1-2008. The High Court Division after considering the submission of Mr. Hassan Ariff as noted hereinbefore took the view that the very failure on the part of the petitioner to submit wealth statement within the period as was asked for itself constit......on filed before the High Court Division under section 561A of the Code. And admittedly, it is the Commission which lodged the FIR and the charge-sheet was submitted in the case by its officer after investigation, but the Commission was not made a party in the miscellaneous case before the High Co..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....11). Judgment Syed Mahmud Hossain J. - This petition for review arises out of the judgment and order 14-02-2012 passed by this Division in Civil Appeal No.27 of 2011 dismissing the same and partly affirming the judgment and order dated 15-12-2009 passed by the High Court Division in Electi...... be taken. But neither the said reply nor the notice could be served because of non-availability of the petitioner. However, objection raised by the petitioner along with his reminders is still under investigation. So the information given by the Telephone Revenue Office, Mymensingh to the Returning..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....... .............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangl......der any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) after any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liab..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....lip;……………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal A......he morgue, P.W.24 was tendered, P.W.25 recorded the FIR), the defence drew the attention of the witnesses as to the age of the appellants and only at the time of cross examination of P.W.26, i.e. the investigation officer, a suggestion was given to the effect that the age of the respective appellant..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....he petitioner. The petitioner still has credit with the respondent Nos.1 and 2 company, as admitted by the respondent No.1, amounting to US$ 59,500. There had been meeting on 12.1.2010 in between the parties with a view to resolve problems with the respondent No. 1’s equipment, whereupon the petit......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....reto in the current account register of the petitioner was made purportedly with a mala fide intention. The petitioner informed the respondent No. 3 that the order was passed over an issue as in part and parcel to the said appeal and also constitutes a Sub judice matter. That notwithstandi...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
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Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
.... High Court Division in Civil Revision No.206 of 1998), dated 28-7-1977 passed by the learned Additional District Judge, Lakshmipur in Title Appeal No. 150 of 1989 allowing the appeal reversing the part decree dated 28-2-1977 passed by the learned Sub-ordinate Judge, Additional Court, Noakhali in ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Dolly Rani Roy as opposite-party stating, inter alia, that Harendra Kumar Sen executed a Will in favour of his son, Protish Cha......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
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