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State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....ence which proved that the victim sustained multiple injuries which caused her death, it was not possible on the part of a minor boy like Belal to cause her death and that the High Court Division totally ignoring this aspect gave the respondent the benefit of doubt. 8. There are exception......victim was in the company of the husband or the wife, the spouse is under an obligation to account for the cause of death and a special onus lies upon him/her to prove the cause of death and in the absence of such explanation, the court may draw an adverse inference upon him/her. This is because......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....dence which proved that the victim sustained multiple injuries which caused her death, it was not possible on the part of a minor boy like Belal to cause her death and that the High Court Division totally ignoring this aspect gave the respondent the benefit of doubt. 8. There are exception......ictim was in the company of the husband or the wife, the spouse is under an obligation to account for the cause of death and a special onus lies upon him/her to prove the cause of death and in the absence of such explanation, the court may draw an adverse inference upon him/her. This is because ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....ought to be challenged but he did not." In the concluding paragraph, the learned Judge gave the finding that the "plaintiff's case for specific performance of contract is totally a hopeless case." 33. The learned second Judge, while dismissing the appeal, ......ecutive Engineer in C&B, he did not open any bank account, which also proved that he was not an Executive Engineer, because the salary of a first class employee is given through cheque and in the absence of bank account, he could not draw his salary. The trial Court further noticed that the plai......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......at Pirojpur Branch Sonali Bank till the date of his termination on 19.09.1981. The plaintiffs were terminated by the defendant No.1who was not the appointing authority and that he had no authority or jurisdiction to terminate the plaintiffs. Only the Managing Director of Sonali Bank could legally te..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... 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. ......e of the abandoned properties…………………..(39) Surrender before the Process of the Court- The accused-petitioner remained in abscondence. In the absence of surrender before the process of the Court, the application filed under section 561A ......5) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking its extra-ordinary jurisdiction under section 561A of the Code of Criminal Procedure. Over and above, whether the ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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: ......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: ......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)
....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 ......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 ......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
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......e midst of trial, in view of the consistent decision of the Apex Court and the High Court Division while exercising its power under section 561A of the Code of Criminal Procedure should not usurp the jurisdiction of the trial Court. Hence, the impugned judgment and order passed by the High Court Div..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....s.4 and 5). P.W.12 held autopsy upon the cadaver of the victim. 18. We should bear in mind, credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny, When dealing with the serious question of guilt or innocence of per......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 ......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
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......No.129 of 1972 ultimately stood dismissed by the judgment and order of the High Court Division in Writ Petition No.3646 of 2003 on the ground that the Subordinate Judge or the Artha Rin Adalat had no jurisdiction to try any case under President’s Order No.129 of 1972, the conversion of the sai..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....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. ......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. ......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)
....10034 dated 18-3-2010 for import of 4000 Metric Tons of APH Wheat (New Crops) covered under HS Code No. 1001.90.19 @ US $ 268 per Metric Tons, as per proforma invoice No.1023/2010 dated 15-3-2010 and total value of the goods at about USS 10,72,000.00 (including freight). Thereafter, consignment......nt marked “duplicate" will be accepted as an original iii. A rail or inland waterway transport document will be accepted as an original whether marked as an original or not. c. In the absence of an indication on the transport document as to the number of originals issued, the number ......onstitution. The Customs authority having control over the cargo as an agency of the sovereign State, exercises its authority to levy customs duties and taxes. The cargo, therefore, is not subject to jurisdiction of foreign legal regimes and foreign judgment. The assessment by the Customs Authority ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... 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. ......mmission Act, 2004 would be illegal and not maintainable and sustainable in the eye of law and this being the scenario, the impugned proceedings should be quashed. He emphatically submits that in the absence of proper notice required under section 26(1) of the Anti-Corruption Commission Act, 2004, t...... settled principle of law that a disputed question of fact cannot be decided by this Court in the forum under section 561A of the Code of Criminal Procedure invoking its extra-ordinary jurisdiction. It is now also well-settled that a proceeding cannot be quashed on the basis of defenc..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
....n he wished to withdraw his investment of Taka 4 crore made in the Company. Sarfarz Ali by another e-mail dated 10-1-2012, also informed the company that he wished to withdraw Taka 4 crore out of his total investment of Taka 5 crore made in the Company; that thereafter, notice dated 26-1-2012 was is...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....nd also corresponding to S.A. Khatian No.883 and Dag No.2048 measuring a land of .8 decimals (hereinafter described as “the suit land”). The said Ahsan Ullah Bhuiyan transferred the aforementined total 15 decimals of land to the mother of the plaintiff, Meherunnessa Chowdhury, by a registered sa......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: ......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)
.... 5 years and that the company being registered on 8-5-2008 the tenure of 5 years will be expired on 7-5-2013. As such the board resolution dated 6-10-2011, whereby the petitioner has been removed, is totally ultra vires the power of respondent and the questioned resolution is liable to be cancelled ......er all the meetings of the Company and Respondent No. 3 Mr. Abdul Jabed shall be the Vice Chairman of the Company for a period of 5(five) years, who will discharge the function of the Chairman in his absence; that during 14-15 days in the month of July, 2011 while the petitioner was out of Sylhet, t......then concludes that the question, with reference to section 95 of Act, agitated before this Bench hearing company matter is not possible to be decided by this Court inasmuch as, no specific jurisdiction has been vested in this Court to hear or to decide dispute that has arisen or that may ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....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. ......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. ......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)
....9th Angsha and 10th Angsha. As per the said work order the respondent was to complete the work within 30 days from the date of the said work order. The Roads and High Ways Division, Dhaka allocated a total amount of taka 6 crores for the total 36 sub-projects and the project of the respondent was al...... entire bill amount without considering the necessity of calculating the amount as it was not a liquidated or ascertained amount, more so when the claim for payment of the bill amount was made in the absence of allocation of any amount made in favour of the respondent in accordance with the usual pr......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)
....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. ......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. ......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
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