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Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....the Code of Criminal procedure relying solely on the decision of the Appellate Division given in the Case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir reported in 62 DLR (AD) 290. The relevant parts of the judgment for taking decision in the said Criminal Petition for Leave to Appeal......ns of the accused-appellant are relevant and may profitably be quoted below:— "6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for ...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-......on Commission Act, 2004. An order of detention was also passed on 5-7-2007 against him. It is alleged that the accused-petitioner had no opportunity to consult with any lawyer or outsider and see his documents in preparing statement of wealth from the jail custody. After submission of statement of p..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ...... in the form of the FIR, but his name has been mentioned in the body of the FIR. He further submits that as the name of the petitioner has been mentioned in the body of the FIR, police is chasing him and that police also recently raided his house. He also submits that since the name of the petitione......ass any direction upon the respondents not to arrest or harass the petitioner without due process of law. 4. We have heard the learned Advocates of both the parties, perused the record and other documents. 5. It appears from the FIR that the name of the petitioner has not been mentioned in..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....decretal amount of Taka 24,97,31,573. Even if it is assumed that only one property was sold leaving aside the other two properties, in view of sale of the same property at Taka 4,00,46,250 during the relevant time it is apparent that the market value of the property was much higher than the amount s......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T......anting necessary certificate to that effect within 3(three) months from the date of granting such certificate and for that the Court shall not be required to return the mortgage deed and/or the title documents to the petitioner before such sale." 2. Pursuant thereto the executing court iss..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....¤ āĻ¨āĻž āĻšāĻ˛ā§ āĻĒāĻ°āĻŋāĻāĻžāĻ˛āĻāĻŦā§āĻ¨ā§āĻĻ āĻāĻĒāĻ°ā§āĻā§āĻ¤āĻāĻžāĻŦā§ āĻ¨āĻ¤ā§āĻ¨ āĻļā§ā§āĻžāĻ° āĻŦāĻŋāĻā§āĻ°āĻŋ āĻāĻ°āĻ¤ā§ āĻĒāĻžāĻ°āĻŦā§āĻ¨āĨ¤” 17. It is also relevant to take into consideration the provision of section 155 of the Companies Act that provides ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......Abdul Mia (who had filed Title Suit No.189 of 2011) was added as respondent No.3. 4. It further appears from the record that pursuant to an order dated 30-7-2012 the respondent has filed certain documents today annexing with an affidavit-in-compliance dated 1-8-2012. 5. The learned Advocat..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871......im as Kazi Nasiruddin Babul. On interrogation and search they recovered one foreign revolver having 8" length made of Japan, four round bullets, two pass-ports, one driving licence and some bank documents from him in presence of locals namely 1 Nur Mohammad (P.W.4), 2. Mosharraf Hossain, 3. Ahm..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ns-Judge (3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15-3-1996 informant Asma......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......te Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Di......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......CD) (2013) 272. ...... going to the materials on record we find that in the petition of revision the accused-petitioner advanced the following grounds that the offence as alleged in the complaint petitioner relates to the documents of certificate case No.10-1091 of 1962-63 relating to the auction sale purchased by Faizun..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Kamal Vs. State, 2012, 41 CLC (HCD)
.... of SM Kamal Vs. State, reported in 6 BLC 123. 9. We have heard the submissions of both sides, perused the impugned judgment of the Tribunal, FIR, charge-sheet, and the evidence P.Ws. as well as relevant documents available in the record. 10. From the record it appears that P.W.1, Abdul Ha......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......sult: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and unimpeachable, but the case where public witnesses depose in one voice contrary to what police p......mal Vs. State, reported in 6 BLC 123. 9. We have heard the submissions of both sides, perused the impugned judgment of the Tribunal, FIR, charge-sheet, and the evidence P.Ws. as well as relevant documents available in the record. 10. From the record it appears that P.W.1, Abdul Hakim is th..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ......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. ......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment...... has been claimed by the Respondent No.1 as License Renewal Fee vide the said letter of the Respondent No.1. In the said letter the Respondent No.1 has also requested the petitioner to submit certain documents. In these regard the Respondent No.1 has provided 10 days time to the petitioner for makin..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
....e with the same and that the Rule is liable to be discharged.
10. Heard the learned Advocates of both sides, perused the case records, deposition of the witnesses, exhibited papers and all other relevant documents.
11. On perusal of the case record it transpires that it is an admitted posi......s nothing to interfere with the same and that the Rule is liable to be discharged.
10. Heard the learned Advocates of both sides, perused the case records, deposition of the witnesses, exhibited papers and all other relevant documents.
11. On perusal of the case record it transpires that i......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg......e same and that the Rule is liable to be discharged.
10. Heard the learned Advocates of both sides, perused the case records, deposition of the witnesses, exhibited papers and all other relevant documents.
11. On perusal of the case record it transpires that it is an admitted position that..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of BanglaÂdesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....t Hasan agreed to sell. Accordingly, she executed a bainapatra dated 16-2-1986 in favour of the writ petitioners on receipt of Tk.10 lakh and delivered possession of the same and also handed over the relevant papers to the writ petitioners. Subsequently, said Mrs. Farhat Hasan received another amoun......greed to sell. Accordingly, she executed a bainapatra dated 16-2-1986 in favour of the writ petitioners on receipt of Tk.10 lakh and delivered possession of the same and also handed over the relevant papers to the writ petitioners. Subsequently, said Mrs. Farhat Hasan received another amount of Tk. ......d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of BanglaÂdesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a......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)
.... Rule 60(3) of Ka, Kha, GA, Gha of Public Procurement Rules, 2008 As per the above mentioned rules, a Review Panel is empowered only to advice or recommend the purchasing entity inasmuch as the relevant law and rules provide that a Review Panel “may provide advice” or “recomm...... to implement the said decision. 10. We have heard the learned advocates for both the sides, perused the writ petitions, supplementary-affidavits, the case laws referred to and the relevant papers placed before this Court to which we have given our consideration. 11. Let us first deal......) 98. ...... questions regarding the registration of the firm as well as the certified copy of the Articles of Association the latter, vide letter dated 3-8-2011, categorically stated that all the submitted documents were properly signed by competent persons and, further, explained in a greater details all..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....ent Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are disposed of by this common judgment. 2. Facts relevant to the disposal of these appeals are as follows:— Respondent No.1 of the respect......y appointment is given against any permanent post in that case appointment is given considering the qualification as required under the Recruitment Rule and through advertisement in the newspapers but in the instant case no such appointment of respondent No.1 is given while he was eng......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others...........st the vacant permanent post; the Labour Court came to the finding that the petitioners did not work continuously for 120 days without considering the respective cases of the petitioners and the documents produced before it. Thus, the High Court Division rejected the contention of the writ-resp..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment August 6, 2012. Result: The ap......3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to support his claim in respect of those shares are vague. In ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....t of the High Court Division in Writ Petition No.4088 of 2010 directing the petitioners to transfer the service of the writ petitioners against the vacant posts under the revenue setup. 2. Facts relevant for the disposal of this petition are thus: the writ petitioners along with others were app......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others...........................subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... of the High Court Division in Writ Petition No.4088 of 2010 directing the petitioners to transfer the service of the writ petitioners against the vacant posts under the revenue set up. 2. Facts relevant for the disposal of this petition are thus; the writ petitioners along with others were app...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....umentary, and came to the specific finding that the defendant entered into an agreement with the plaintiff for selling the suit property at the highest market price of Taka 2, 00,000 (two lac) at the relevant time and on receipt of Taka 1, 50,000 as advance executed and registered the agreement. The...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa......ntiff, the suit was not maintainable and the same was liable to be dismissed. 4. At the trial, the plaintiff examined two witnesses while the defendant examined four witnesses. Both parties proved documents which were marked as Exhibits. 5. The trial Court by judgment and decree dated 16-3-199..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....tionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by anyone of them, is a relevant fact against each of the persons believing to be so conspiring. This section is theref......ent out to find out the reason of shooting and heard that one man was killed .by shooting in front of Chung King Restaurant at Sheikh Mujib Road and that on the next day he came to know from the news papers that an Indian National, named, Jibran was shot dead. The witness stated also that he suspect......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
.... User Identification Module (RUIM) Card in exercise of powers under sub-section (7) of Section 5 of the āĻŽā§āĻ˛ā§āĻ¯ āĻ¸āĻāĻ¯ā§āĻāĻ¨ āĻāĻāĻ¨, ā§§ā§¯ā§¯ā§§ (Act of 1991). 2. Short facts relevant for the disposal of this question are that one Abu Sayed Khan, the respondent No.1, instit......ons activities, operations, events and business and issues affecting the quality, standard and prospects of telecommunications services in Bangladesh, are frequently published in National Daily Newspapers with wide circulation in Bangladesh. The petitioner is also engaged from time to time as con......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and othersâĻâĻâĻâĻâĻâĻâĻ.......Respondents Judgment August 1, 2012. Re......tric ton but the customs authority directed the importer to declare tariff value at US $ 220 per metric ton. This Division after examination of the evidence produce by the parties noticed that the documents relied upon by the importer and those taken into consideration by the committee (high pow..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....r. Md. Nurul Amin has become unworthy of consideration inasmuch as the scope and application of order VII, rule 3 in a case of benami declaration got no manner of application. In such a case the relevant point are the relationship between the parties, intention of acquisition of prope......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. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R......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
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