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Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....ies Judgment October 7, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; MA Hasham Vs. State, 17 BLC 136; Anti-Corruption Commission Vs. Shamima Begum, 62 DLR (AD) 277; Salma Shahadat Vs. S......, 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. ......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)
.... Court Division (Criminal Miscellaneous Jurisdiction) Present: Quamrul Islam Siddiqui J AKM Zahirul Hoque J Mirza Abbas....................Accused-Petitioner Vs. State…………….................Opposite-Party Judgment Octobe......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. ......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)
....n, 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. ......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. ......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)
....p;...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: The application is allowed. The power to enact a law or to amend any provision of a statute is within the...... 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 ......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. ......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. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....ower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......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 ...... 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)
.... Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......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......en be convicted on the sole evidence of a lone witness if his evidence is found to be unimpeachable and unshaken." Thirdly: The seizure list witnesses do not support the prosecution case of recovery of arms from the possession of the appellant so it is unsafe to convict the accused under t......ences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information regarding unauthorised arms, on 3-4-2007 at 23-30 hours SI Md. Roushan Ali (P.W.3) accompanied by other police personnel..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....t Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan AM J AKM Shahidul Huq J Nazrul Islam...............................Accused-Petitioners Vs. State............................................Opposite-Party Judgment August 29, 2012. ......ssed to the informant, "I shall marry you, come with me." When the informant refused to go with him, he forcibly pushed cloth inside her mouth and proceeded towards Khanpur village. At that time one Anisur Rahman of village Chak Gopal appeared before them. The accused threatened him. Aseda......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. ......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
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......dged a false case against the appellant or that no such occurrence took place as alleged by him or that he deposed falsely. 7. P.W.2 917 Nayek Md. Kalimuddin stated in his deposition that at the time of occurrence he was attached with Comilla Police Line. In his deposition he corroborated P.W.1......ugh the public seizure list witnesses were reluctant to tell the truth in a bid to save the accused who was either their neighbour or relative. In the instant case Police officials proved the case of recovery of firearm from the possession of the convict appellant by such unimpeachable evidence&hell.........................Appellant Vs. State..................................................Respondent Judgment August 22, 2012. Result: The appeal is dismissed. In an arms case, an accused could be convicted on the basis of unimpeachable evidence of the Police witnes..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....on) Present: Md. Rezaul Haque J Md. Abu Zafor Siddique J Kamal...........................Convict-Petitioner Vs. State.................................Opposite-Party Judgment August 16, 2012. &...... in the trial court. That on 18-2-2008 after pronouncement of judgment the convict-petitioner voluntarily surrendered before the trial court on 11-8-2009. Since the convict could not prefer appeal in time as such, he has filed an application under section 561A of the Code of Criminal Procedure obtai...... stage he was declared hostile and in cross-examination by the prosecution, he denied the suggestions given by the prosecution. In cross-examination by the defence, he deposed that he did not see the recovery any arms, ammunition from the petitioner. This witness was asked to put his signature on th......9A and 19(f) of the Arms Act conscious possession and actual control are required. Deposition police personnel must be supported by public witnesses Where police personnel have deposed that arms and ammunitions were recovered from the possession of a petitioner which contention shall have ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....epublic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article 40 should go uninterrupted The petitioner is entitled to carry out his business of mobile operator as per Article 40 of the Constitution of the People’s Republic of Bangladesh without inte......in violation of the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13) Section 6 (3) of the VAT Act, 1991 specifies the time when VAT for the services becomes payable. Since no service has been provided by renewal of lic......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. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......mation, the informant and other persons took the victim to the Dhaka Medical Hospital and on the way, he disclosed the names of the petitioners as his assailants. Victim died in the hospital sometimes thereafter. Besides the above dying declaration, the prosecution has also relied upon the conf......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......sel further submits that the domicile of origin is not a matter of choice or free will which is received or communicated to him by birth and the domicile in origin is not lost by mere Absence for the time being nor it is extinguished for temporary absence of anybody. It is a fact that the plaintiff-...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....cordingly, 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. ......n thereof to them as part performance of the contract. There was no allegation that she was not a citizen of Bangladesh or she was the national of any country, which was at war with Bangladesh at any time after 25th March, 1971. As such, the very inclusion of the case property in the Kha list of aba......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. ......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
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....oner of Taxes...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur......94. The assessee-applicant company is engaged in business of distribution petroleum product under the Bangladesh petroleum corporation and derives income from commission money, rate of which was time to time, fixed by the government upon distribution and marketing of petroleum and alike product......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
.... 18 BLC (HCD) (2013) 98. ......cified in the pre-qualification document. Thereafter, BTCL vide its letter dated 2-8-2011 asked NETAS to provide clarification on 4(four) specific points within 3-8-2011, i.e., allowing only one days time. In reply to query Nos.1 and 2, in which BTCL raised questions regarding the registration ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..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)
....spective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......ointed on the basis of the decision taken by the Biman on 13-10-1996 as appeared in the office note stated in paragraph 3 of the writ petitions and subsequently their services were extended from time to time on the basis of the decision taken by the authority of the Biman. The petitioners ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....o not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......line of demarcation between them. Accused Shahjahan replied that since he (the informant) filled up the ditch with branches of trees the informant could not remove those if he dared to do so. At that time, Yunus Khalifa, Alefuddin Khalifa began throwing bricks aiming at the informant. At that point ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....ty 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. ......ed judgment dated 22nd April, 2010 of the High Court Division in Writ Petition No.849 of 2009, in which, another Division Bench directed to absorb 20 sweepers out of 63 who were appointed at the same time and observed that the Government should not discriminate the writ petitioners in consideri......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. ......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)
....f 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. ......dgment dated 22nd April, 2010 of the High Court Division in Writ Petition No.849 of 2009, in which, another Division Bench directed to absorb 20 sweepers out of 63 who were appointed at the same time and observed that the Government should not discriminate the writ petitioners in considering th...... 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. ...... 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
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......line of demarcation between them. Accused Shahjahan replied that since he (the informant) filled up the ditch with branches of trees the informant could not remove those if he dared to do so. At that time, Younus Khalifa, Alefuddin Khalifa began throwing bricks aiming at the informant. At that point......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
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