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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... that Farid Uddin in collusion with Iqbal Uddin Ahmed Chowdhury, Nasiruddin and Nasrin Chowdhury, Officers of the same Bank and informant, Kaisor-u-zzaman (the petitioner) received Taka 40, 00,000 in total from different account holders, including Taka 8, 70,000 from Juned Ahmed, which they deposite......required under the law in existence." So, taking of cognizance of the offence under section 409 of the Penal Code against the petitioner by the Senior Special Judge on 12-3-2005 in the absence of any sanction was not illegal or without lawful authority. In view of our findings th......o write to the Commission to give sanction to prosecute the petitioner, instead he took cognizance of the offence under section 409 of the Penal Code straightaway and thus acted illegally and without jurisdiction, the learned Judges of the High Court Division on a wrong approach as to the effect of ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....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. ......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. ......- "The inherent power under section 561A of the Code of Criminal Procedure can be exercised to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any c..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....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. ......ti-Corruption Commission Act, 2004 is an aggravated form of offence under section 26(2) for acquisition of assets when he fails to explain acquisition of such property by his income. In the absence of any property statement under section 26(1), there is no scope for him to submit any ......eeding. 22. In the Appeal, all disputed questions can be adjudicated and resolved, which is not possible in a quashing proceeding under section 561A of the Code of Criminal Procedure, where jurisdiction is limited by the settled principles. So, the decision of the Appellate Division as ref..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....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. ......ere is no scope to give direction upon the police not to arrest and harass him in the instant case. He further submits that such direction upon the police can only be given by a court exercising writ jurisdiction. He lastly submits that this Court exercising criminal jurisdiction has no competence t..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....le certificate of the mortgaged property in favour of a judgment-debtor. Order XXI, rule 83(1) provided for postponement of the sale for enabling the judgment-debtor to raise money for payment of the total amount by way of mortgage or lease or private sale of the property with the permission of......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. ...... purchased the property with prior permission of the Court; that the sale certificate reached its finality; that the acceptance of Kutub Uddin offer for purchase of the same property was also without jurisdiction and that the executing Court was under obligation to accept the sale of the mortgaged p..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....ion 233 of the Act. 14. It is evident from the Memorandum of Association of the Bank that its authorized capital is Taka 1000,00,00,000 (Taka one thousand crore) divided into Taka 100 each; totaling 10,00,00,000 (Taka ten crore) shares. So, compliance of BRPD Circular Letter No.11 dat......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. ......call, hold and conduct an AGM, which could not be held in time, upon condonation of delay in holding the same. Alongside Rule 8 of the Company Rules, 2009, vests 'inherent jurisdiction' in the High Court Division in addition to the statutory jurisdiction vested in it ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... 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 ......what it is in a trial for an offence. 22. The Appellate Court must always consider whether by reason of failure to comply with the procedural provision of this section, which does not affect the jurisdiction of the court accused is materially prejudiced. The object of this section is to enable ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....eclared hostile. P.W.5 was the driver of the Police personnels. 36. 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......e of Iftekhar Hasan Choudhury (Md.) alias Riaz Vs. State 47 DLR 451 held: — "Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession over the spot or t......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
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....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. ......her in the evening and proceeded with her to his house. At about 8-00 at night he asked her to wait in front of a person's house at Khanpur and he entered into that house. Taking advantage of his absence she fled away from the clutch of the accused-petitioner and after returning home narrated th......ditions referable to (a), (b) and (c) is applicable in the present case before us. Only point that is before us for consideration is condition No.(d) lack of legal evidence adduced. This court in its jurisdiction not being a court of appeal has hardly any scope to asses and appreciate evidence like ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......f title in respect of 'B' schedule land and also for declaration that the order dated 7-9-1994 constituted by Assistant Custodian Vested and Non-resident Property is illegal, void and without jurisdiction. Ultimately the suit was decreed. 5. Afterwards the petitioner filed an appli..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... on 30-12-2003 and he was in jail hajat till 21-6-2007 about 4½ years when he obtained bail and released from jail hajat. Then he was abscond, thereafter his bail was cancelled due to his absence in the trial court. That on 18-2-2008 after pronouncement of judgment the convict-petitioner......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ameen Phone and Telecom Malaysia International Bangladesh. ii. Price of spectrum has been fixed to Taka 80.00 (Eighty) crore for per MHz uplink and downlink. iii. Down payment is 25% of the total price of the spectrum to be assigned to take the assignment and rest amount shall be paid by J......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)
....mpanied him but the prosecution did not examine Milon and therefore, there remain doubt as to whether the victim made any dying declaration. He further submits that the confessional statement is totally exculpatory in nature which cannot be used against the petitioners as corroborative evidence......e after the occurrence, the High Court Division has rightly believed that the victim made a dying declaration implicating the petitioners as his assailants. We cannot take a contrary view in the absence of any cogent ground to disbelieve the same. The submissions of the learned counsel in this ......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
....t against the plaintiff-petitioner and in favour of the defendant-opposite parties. There has been misreading and non-reading of evidence in sifting evidence and the learned lower appellate court has totally failed to assess the evidence on records and appreciate the actual position of law. The lear......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-petitioner was not present for the time being in......ior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.1 vide Memo No.74-11/4D-1/77 dated 12.04.1978 is illegal, without jurisdiction, ineffective and not binding upon the plaintiff and also for a direction to the defenda..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of BanglaÂdesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....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. ...... 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 abandoned buildings is ex-facie void for want of jurisdiction and is violative of the Article 42 of the Constitution. 6. The writ-petitioners fu..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....wing an income of Taka. 17, 82, 23,252 and 33, 78, 43,603 respectively, before the Deputy Commissioner of Taxes (DCT), company circle-8 taxes zone-2, Chittagong. 5. But the concerned DCT under a total misconception of law treated the assessee-applicant company as a company engaged in gener......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)
....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. ......2, before the Review Panel No.2. Representatives of BTCL being appeared before the Review Panel No.2 endeavoured to rebut all the issues brought up by the NETAS when it also raised question as to the jurisdiction of a Review Panel in entertaining the Review petition by Submitting that no compla..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)
....¦à§§/২৯৯ dated 10-10-2007 as per administrative and financial procedure of the Biman which has no relevancy with the IRO cases filed by the petitioner before the Labour Court. Although the total period of work of the writ-petitioners in different time is more than 120 days, as per evidenc......me and under what authority and when the same was given effect to. So, we find nothing wrong with the High Court Division in discarding the ‘জননিয়োগ বিধি’ and in the absence of the ‘জননিয়োগ বিধি’, the objection of the writ-responden......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
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