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Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ttals are always good regardless of justice to the victim and the community. In the context of escalating crime and escape, the Benthamite doctrine is a false dilemma. The evil of acquitting a guilty person lightheartedly goes much beyond the simple fact that just one guilty person has gone unpunish..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...................Opposite-Party Judgment November 23, 2011. Result: All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even D..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......itness also admits that he did not go for any Salish when Abul Hashem did not return back the documents. He does not know whether Rosomoy sold the suit land to Abul Hashem and there was no known person present when the document was handed over to Hashem. This witness denied the suggestion that ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......ubmits that in the instant case the seizure list witness particularly P.W.2 and P.W.3 did not support the prosecution story and there are material contradictions in between the evidence of the police personnel. 10. On the other hand Mr. Mosharraf Hossain Sarder, the learned Deputy Attorney-Genera..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may 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) 58. ......the statement of wealth of his own, wife and sons and daughters and his family members. By the said notice the appellant was directed to submit the statement of wealth within 72 hours by appearing in person before a Director namely Ms. Nasrin Ara Surat Amin of Anti-Corruption Commission, Head Office..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......t nor any other witnesses witnessed the occurrence of murder of AtiarRahman. Atiar might have been murdered in the hands of unknown assailants but the informant in order to avenge against the accused persons mentioned their name in the FIR. The accused persons are innocent and they are not connected..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......…………………….(62 & 63) Doctrine of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......s does not mean that the petitioners had actual knowledge about the case and the notices were duly served upon the petitioners. Particularly, when there is no such evidence in the record that those persons were authorised agent of the petitioners." In coming to the said finding the learned Judge..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......the time of trial, in short, is that deceased Tarun Kumar Saha is the younger brother of informant Arun Kumar Saha. Tarun Kumar Saha used to purchase and sell the foreign articles collecting from the person who used to come at Dohar and Nobabgonj area from abroad. Accused Matiur Rahman @ Mati used t..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......ten. Thereafter, RSD/P record ((এক্সজিঃ-৬) also prepared in the nafhe of Predecessor of the plaintiffs subsequently that the predecessor of the plaintiffs sold the land to the several person and they have mutated the land in their name by opening separate Mutation Parcha, after mutat..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......o claim a write off. …………………….(12) Abuse of process of the Court The scenario of this case provides a glaring example of abuse of the process of Court by an influential person in order to avoid huge liability he admittedly owes to the Bank in the form of loan taken in..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ribunal on receipt of naraji petition acted without jurisdiction directing enquiry to be held by the Magistrate and on receipt of enquiry report taking cognizance of the offence against three accused persons on the basis of naraji petition and enquiry report. In view of the matter under section 27 o..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......e is not entitled to a decree against a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the contract....Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......dur Rahman Biswas, an officer of the Bank, alleging an offence under sections 402/409/109 of the Penal Code read with section 5(2) of Act II of Anti-Corruption Act, 1947, inter alia, that the accused-persons collusively showing a false and fictitious name of Lablu Miah, the owner of Ahmed Enterprise..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... mutation proceeding does not invoke the bar under section 195(1)(c) of the Code of Criminal Procedure and in such a case the court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheik..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......ore the Upazilla Nirbahi officer claiming that the schedule ofthe election was not declared properly and ultimately the schedule of theelection was withdrawn after holding inquiry. Subsequently, some persons of thelocality filed an application raising some baseless allegations before therespondent..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......e but the Additional Sessions Judge (Sessions Judge, in Charge) Naogaon by his Order dated 26-8-2009 remanded the petitioner in custody on the ground that there are 10 cases alike, he is questionable person, the bail petitioner is defective etc. That ultimately the petitioner has been enlarged on ba..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......ending inter-alia that the suits are not maintainable as these are one of the many vexatious claims brought before this honorable court against the vessel MV ACCORD which are made by the unscrupulous persons against the vessel only to grab it. It has been stated that the principal defendant Nos.3, 4..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......alified auditors, pursuant to which BTRC appointed respondent Nos.10 and 12 as auditors. Subsequently, since respondent No.10 surrendered its appointment on account of its lack of technical expertise personnel and logistics etc, BTRC appointed respondent No.11 in its place. In the meantime, the peti..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......ase as there is no contradiction in material particulars. He further submits that in our social context, no parents can level any stigma on the character of their minor daughter only for dismissing a person from service and get their relation transferred to his post. The learned Judge of the Tribuna..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
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