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Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......risonment for life with fine and converted the sentence of convict Babul to one under part I of section 304 and sentenced him to rigorous imprisonment for ten years, and acquitted seven other accused persons of the charge under sections 302/34. These three convicts Muzibur Rahman, Fayzul Haque @ Faz..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......extent of Waqfs and waqf properties, inspection of accounts, returns for ensuring that the waqf properties and income arising there from are applied to the objects and for the benefit of any class of persons for which such Waqfs are created and to give direction for proper administration of the Waqf..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......; 23. Pursuant to section 4 of the Arbitration Act, 1940 the parties to an arbitration agreement may agree as to the mode of appointment of an arbitrator or arbitrators to be appointed by a person designated in the agreement either by name or as the holder for the time being of any office ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......four lac and forty seven thousand), could be collected from the project. Defendant No.2 further told that the project could be completed by the said money by employing skilled, experienced and honest persons. On the above understanding, defendant No.2, out of his own volition, had sworn an affidavit..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......itioner. He brought to our notice the paragraph of 21 of the said decision wherein their Lordships of the Appellate Division observed: "A license in a commercial sense is not a charity done to a person but a privilege accorded generally on payment of a fee. Under section 10 of the Ordinance a l..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It is settle principle that the execution court cannot go behind the decree. So the executio..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......rself did not see Ikhtiar to kidnap her child, but mentioned in ejahar the name of her daughter Lipy, who was present at the time of alleged kidnap. The said Lipy was not examined. Names of two other persons, namely, Jahanara and Jhantu are mentioned in ejahar to be present at the time of rescuing t..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ...... preserves the power of negotiability. Moreover, section 138 of the Negotiable Instruments Act, 1881 does not allow anyone to prosecute unless the cheque is received by the Bank, submitted by another person. On such counts Rule of these matters as has been so issued are to be made absolute. 5. Mr..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......immoveable property cannot be adequately relieved by compensation in money. The Saru Meah Sowdagar’s case cited above, is authority for saying that the onus of rebutting the presumption lies on the person who seeks to avoid the agreement. In the instant case the Vendor who seeks to avoid the agree..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ...... person of that locality and he never went to the registry office for executing and registering the said deed. That the predecessor of the defendant Nos.1 to 11 created that kabala deed by false personification. Thai the said kabala deed was also unlawfully registered in Gabtoli Sub-Registry of..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ...... represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others...................Respondents (In C.P.No.2356 of 2010) Kazi Shafique Islam and others (In person)........Respondents (In Contempt Petition No.05 of 2011) Judgment January 5, 2012. ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... should have weighed the evidence of the P.Ws. judiciously. He further submits that all the witnesses were the official witnesses, but unfortunately the investigating officer did not examine any person from the Union Parishad Food Godown where the appellant returned 112 Kgs of wheat and 349 Kgs..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......ষ্পত্তি করিবে৷” 8. Now Section 194 of Customs Act, 1969 reads as follows: "194. Deposit, pending appeal, of duty demanded or penalty levied.- (1) Any person desirous of appealing under section 193 or section 196A against any decision or order rela..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, lodged FIR with Ramna Police against 7 persons including accused-petitioner Begum Khaleda Zia alleging that when she was the Prime Minster ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......applicant to furnish his/her application written by his/her own hand but in the instant case hand writings as appeared in the application and those of the joining report are not hand writings of same person. Thereby, the petitioner violated the pre-conditions and as such, the authority rightly cance..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......one stage of the scuffle her daughter screamed and then her wife Anjali Rani Mitra rushed to the room and the respondent No.1 fled away pushing her back and the said occurrence were witnessed by many persons in the locality; if her wife did not rush to the spot the accused respondent would have viol..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......nment for life with fine has been prescribed by law. 7. On such submission we have gone through the FIR where it has been clearly stated that accused-petitioner allegedly committed rape on the person of the victim by deceitful means which has resulted to give birth a baby named "Vasa" whose b..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......is possession and under his control. Thereafter, the accused Md. Bazlur Rahman brought out a country made shutter gun and three live cartridges from underneath his trousers. Subsequently the police personnel of Gangni Police Station came to the spot, arrested the accused Md. Bazlur Rahman and seiz..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......sp; 3. After recording of the first information report, the charge of the investigation was entrusted to the police personnel of the concerned thana and they visited the place of occurrence, prepared the sketch map w..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
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