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Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let 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 ......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. ..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. ......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......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..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. ...... 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...... 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..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. ......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...... 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..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: ...... 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......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
....it is held in the case of Shapiro Vs. Thompson, (1969) 394 US 618 that:— "this restriction must be by a law and must be reasonably needed in a public interest". 13. The identical view was taken in the citation of Ebrahim Vazir Vs. Bombay, AIR 1954 SC 229 that with......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 ......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 ..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 ......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......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..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. ......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. ...... 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..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......g materials on record certainly prejudiced them. True, every error or omission in complying with the requirements of section 342 does not necessarily vitiate the trial, some errors are curable. The question whether the trial of the accused has been vitiated depends in each case upon the degree o...... 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..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. 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) 230 ...... all necessary. 17. 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) 230 ......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..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)
....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. ......nd dispose of the miscellaneous appeal itself within the time given. 7. In view of the submissions of the learned Counsel of the respective party and the nature of the impugned order, the only question to be decided in this leave petition is as to whether the High Court Division was correct ......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 ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....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. ......be treated exactly as if they were in the Act. In other words, if validity made the Rules are to be given the effect as the provisions of the Act……………..(8) The question of validity of subordinate legislation depends on the vires of the Rules made by the R......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..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....Abdur Rahman J. - Both the Income Tax Reference Applications being Income Tax Reference Application No.211 of 2011 and 212 of 2011 have been heard together, as both the reference applications involve identical facts and legal question. 2. Having failed to convince the two lower appellate authorit...... Income Tax Reference Applications being Income Tax Reference Application No.211 of 2011 and 212 of 2011 have been heard together, as both the reference applications involve identical facts and legal question. 2. Having failed to convince the two lower appellate authority about the tax liability ......an J. - Both the Income Tax Reference Applications being Income Tax Reference Application No.211 of 2011 and 212 of 2011 have been heard together, as both the reference applications involve identical facts and legal question. 2. Having failed to convince the two lower appellate authority about th..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......he factory premises of the petitioner and seized the necessary papers and documents that was kept under the possession and control of the petitioner and found an evasion of VAT and made the demand in question (Annexure-F). It would be profitable to quote here section 26 as it was before amendment:&m......t be said that there was a slightest departure even if of section 26 then read together with section 48 of the Act. The decision referred to above is palpably distinguishable having no bearing on the facts and circumstances of the case in hand. 11. Section 26 of the VAT Act contemplates a situa..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......d others.................Respondents Judgment December 6, 2012. Result: The Rule is discharged. Whether Writ Petition is Maintainable against the Private Bank- The question is no longer a res Integra, it’s a settled issue. The writ petition is not maintainab......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......on, named Nazmul Islam aged about 4 years at the time of the occurrence. The accused used to beat his wife now and then on the ground that his wife used to lead an immoral life and she was a woman of questionable character. Milon Akhter (deceased) used to live in the same mess with her husband, fath...... appearing on behalf of the State submits that the occurrence took place inside the 'bedroom of the petitioner where he brutally killed the victim who was his wife. He further submits that in the facts and circumstances of the case, the petitioner was rightly sentenced to death by the trial Cour..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......anning officers as cadre posts in BCS (Family Planning) cadre by fixing seniority to newly encadered officers with effect from 11-9-1995 incompliance of judgment of High Court Division. Thus the question of contempt of Court by contemnors does not arise at all. 19. Contempt-petitioners als......y No.6 and 7 including writ petitioners joined after 1985 are in the same post of family planning officer of same rank and pay scale and also discharging same responsibilities. As such under the facts and circumstance of the case, no offence of contempt of Court have been committed by the conte..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......h day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of 2006)
Judgment
Md. A Wahhab Miah J. - In these two leave petitions, parties being the same and common question of law being involved, they have been heard together and are disposed of by this common jud......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. 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) 278. ......FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of taking congnizance, the question of quashing such a non-existent criminal case by invoking section 561A of the Code of Crimi......but we are unable to agree with the finding that there is no prima-facie allegation against the accused-petitioner and other accused-persons for initiating any criminal proceeding. Moreover, disputed facts cannot be decided in the quashing proceeding as have been done. 9. Over and above, decisi..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
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