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Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ge, by an order dated 17-2-2008, framed charge against the accused-petitioner and others under the aforesaid provisions of law. It may be mentioned that the accused-petitioner was an absconder at the time of framing charge against him. Under the circumstances, the petitioner was wanted in the trial ...... 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) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the offenders ought to have been registered under some rigorous provision of the Penal Code or under Nari-O-Shishu Nirjatan Daman Ain, does not deserve consideration by this Court at this point in time, in light of the fact that a competent Court of the land is already in seisin of the case. How......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best serv......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... therein." Secondly: The absconsion of the accused soon-after the occurrence cannot be an inference of guilt inasmuch as for the fear of life and prestige, a person may be absconded for sometime. In support of their contentions they refer the case of State Vs. BalaiChnadraSarker 47 DLR-467......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....nce to them but having found no response the plaintiff samity held meeting, procession, press conference, sit on protest etc. Lastly on 7-12-1996 filed memorandum before defendants, at that time the defendant No.1 made assurance to the members of the plaintiff samity that until licences ar......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....itted that the goods cannot be withheld from delivery on the plea of extra-territorial claim against third parties. 7. Mr. Ariff also argues that Section 3 of the Territorial Water and Maritime Zone Act, 1974 enables the Government of Bangladesh to declare limit/extent of territorial wate......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....ance of the Rule may be, briefly, stated as follows: The petitioner is a Member of the Standing Committee of Bangladesh Nationalist Party (BNP) since 1994. He was elected Member of Parliament several times from Comilla-2 constituency in the National Parliament Elections since 1991. The petitioner wa...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ers, upto 1410 B.S. She then made a new holding by Registering with the Dhaka City Corporation and obtained all utility connections, such as, gas, electricity and water line in her name. In course of time she demolished her existing old building in order to construct a multistoried building for comm......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....section 95 of the Act, that reads as follows: "95 Notice of meetings:-Notice of every meeting of the Board of Directors of a company shall be given in writing to every director for the time being in Bangladesh and at his address in Bangladesh." Besides, in the instant case the pe...... with section 95 of the Act. However, the acts done by the board consisting of new Managing Director, in the meantime, shall be deemed to be valid in spite of any irregularities in his appointment. The direction given at the time of admission of this petition, on 17-1-2012, not t..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
.... yet they filed miscellaneous case under Order IX, rule 13 of the Code of Civil Procedure for restoration of the original Title Suit No.17 of 1985 by setting-aside the Ex-parte decree and at the same time they filed a petition under Order I, rule 10 for adding them as defendants in the original suit......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....;s work. 11. In the facts and circumstances noted above, we accept the view taken by the High Court Division that the contractor having duly completed his sub-project No.26 within the stipulated time and to full satisfaction is entitled to the full amount against the said project. We do no......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....suit was decreed on 12-10-2002. Although appeal against the said judgment and decree was preferred by the government before the High Court Division, but it was dismissed on the ground of being out of time by 1388 days. Again, the government's CPLA before the Appellate Division was dismissed for ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....ficers of the Bureau may, subject to any orders which the Government may make in this behalf, exercise any of the powers of an Officer-in-Charge of a police station in the area in which he is for the time being and when so exercising such powers shall subject to any such orders as aforesaid, be deem...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....-3-2011 field by the accused-petitioner, submits that the complainant earlier served a legal notice upon the accused on 7-12-2006; but no proceeding was started against the accused from that point of time; rather he issued 2nd notice on 28-1-2007 and filed the impugned case against the accused suppr......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
...., submits that the initial notice dated 3-7-2007 under section 26(1) of the Anti-Corruption Commission Act was void and no notice in the eye of law as the accused was detained in jail custody at that time having no scope to check-up details of his assets on examination of records and consult with hi......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: 17 BLC (HCD) (2012) 778. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....t police also recently raided his house. He also submits that since the name of the petitioner has been mentioned in the body of the FIR, the petitioner is apprehending that police may arrest him any time and, as such, the learned Advocate prays for a direction upon the respondents not to arrest and......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. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....f Taka 1,95,00,000 on 16 Jung, 2004 and a sale deed was also executed on 7 July, 2004. Ragib Ali in turn prayed in the executing Court for confirmation of the sale and to accept the value. In the meantime one Kutub Uddin, the appellant in Civil Appeal No.108 of 2008, filed an application expressing ......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. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
.... in which he had prayed for injunction against holding the said AGM and an order of injunction was also granted by the court below. Ultimately the plaint was returned by an order dated 25-4-2012. Meantime the date for holding the 13th AGM has expired. Hence this application. He further submits that ......d, by way of incidental order, that the 189th board resolution dated 26-5-2011 of the bank shall stand deleted, to the extent it has taken decision to increase the paid up capital through IPO and the appointment of the bodies to complete the process of IPO is hereby deleted, in consequence. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....on 27/10/2000 in the evening the informant informed him that his son-in-law demanded Tk. 1,00, 000/- as dowry and for that reason he tortured her at the instigation of accused Nos.2 and 3 and at that time his wife, children and other relatives were present in the house. In his cross-examinations he ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....t the accused shall be presumed innocent and that he is not required to adduced evidence to prove his innocence/but the entire burden of proof of his guilt lies on the prosecution alone and till that time the presumption of innocence continues, whether the case is before the trial Court or at higher......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. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10