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Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

.... In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the money by the defendant. The plaintiff proposed to write the figure of Taka 2, 00,000 instead of Taka 1, 50,000 in the agreement with the further condition that he would pay Taka 1, 25,000 at the time of execution of the agreement and the rest of Taka 25,000 would be paid later on. The plaintiff...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....ra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......wo accused Alamgjr and Omar Ali alias Zahangir guilty under sections 302/34 and 120B of the Penal Code and sentenced them also to imprisonment for life with fine. 5. The trial Court believed the time, the place and the manner of occurrence arid also found that the confessional statements of Did......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......nal state­ments of Didarul Alam, my learned sister came to the conclusion that the statements show that Didarul being very much aware of the fact that accused Osman and others assembled with fire arms with the object of killing a person willful­ly joined that unlawful assembly and continued ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... standard and prospects of telecommunications services in Bangladesh, are frequently published in National Daily Newspapers with wide circulation in Bangladesh. The petitioner is also engaged from time to time as consultant communications in matters. The petitioner is a strong advocate of afford......victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....ted in: 18 BLC (HCD) (2013) 308.       ......in the name of the defendant's father as he was trustworthy to the plaintiff and the defendant was living in his mess. It has been specifically stated that the plaintiff himself had paid rent sometimes by himself sometimes through his son and has been possessing the property by himself for more ......pplementary affidavit before the Court taking a ground that the evidence of D.W.2 was not considered. v) in case of benarni declaration the plaintiff, must, ask, for consequential relief seeking recovery of khas possession; in support of his contention he relied upon the case law of Md. Yunus V......his 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) 308.       ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal La......ompany which is quoted below; "52N. Collection of tax on account of rental Power:—Notwithstanding anything con­tained in this ordinance. Bangladesh Power Development Board, at the time of payment to any rental power company on account of pur­chase of rental power from that co......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....arged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ...... pointed out also that the P.W.2 another inmate of the P.O. house, during cross-examination, has stated that on the date of occurrence the P.W.1 Rahima Begum was not in the P.O. house she was at that time at her father's house and his argued that this evidence of the P.W.2 has belied the evi­dence ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......4 of the Penal Code pending in the Court of the Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar is quashed so far as it relates to the petitioners. 13. The order of stay granted at the time of issuance of the rule and extended from time to time is hereby vacated. Communicate a co...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....nd down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......p; was  ante-mortem and homicidal in nature. 7. The police investigated the case and submitted charge-sheet against the accused-appellant under section 302 of the Penal Code. 8. At the time of investigation, the police arrested the accused-appellant who made confessional statement und......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....e lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......a of land 7080 Ajutangsha. Out of this area of land, plaintiff's claim is for 473 Ajutangsha of land. The CS recorded owners paid rents and taxes of land in question to the concerned authority in time and enjoyed the same peacefully to the knowledge of all. Predecessor of plaintiff Sreemati Sarn......Paul, Kaniz Fatema by registered deed No.4113 in 1950 purchased the said land and got possession. Direndra Chandra Sing and other 3 sons of raja Shibkrishna Sing also got 4/7 shares and for title and recovery of possession against Charulata Paul, Sarnalata Paul and others as plaintiffs filed Title S......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....y, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC.......ruly speaking, not only of utmost importance, but also unique. For us, most importantly, he is also an Advocate of this Hon'ble Court, although his membership may have been put in hibernation for the time being. He deserves inviolable reverence from all. 6. Given his dignified and irreproachable......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Nalu Vs. State, 2012, 41 CLC (AD)

.... one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in the house of neighbour Atab Ali. At that time, his cousins, Nalu and Rubel called away Emran for eating mango. After that, there was no trace......om the house of P.W.6 Md. Atab Ali on the plea of eating mango by condemned-prisoner, Nalu and that there was nothing on record to show that deceased Emran departed from the condemned-prisoner before recovery of his dead body from the maize field and the circumstantial evidence, in fact, proved that......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......th learned Counsel submitted that they would have no objection if the leave petition is disposed of with a direction to hold the election of the Executive Committee of the Federation within a certain time. However, Mr. Rokanuddin Mahmud further added that election cannot be held under the supervisio...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....spondents Judgment July 18, 2012. Result: The Rule is discharged. The Anti-Corruption Commission Rules, 2007, Rule 10 Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigati...... Rule 10 Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, rather it is directory. However, in such cases while accepting ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

.... Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon tak...... the Appellate Division reported in 20 BLT. It is held that:— "As it appears the High Court Division discharged the Rule holding that admitted­ly the earlier suit was filed within time in a court of competent jurisdiction but since wrong relief was sought the suit ended unsuccess...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....istan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 16 MLR (AD) 61 = 63 DLR (AD) 29; Shahidul Haque, Inspector General of Police Vs.State, 58 DLR (AD) 150; Shukh Dev Sing Vs.Teja Sing, AIR 1954 SC 186 ; Moazzem Hossain. Vs. State, 35 ...... petitioner com­pany. The said receiver has failed to complete the job of valuation of sharers of the company within the stipulated period of 6(six) months, commenc­ing from 27-9-2011 and the time limit has expired on 26-3-2012. The contemner, by his two letters dated 11-6-2012 and 16-5-2012......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

.... and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......passed by Artha Rin Adalat subject to the fulfillment of the conditions mentioned therein, that is, on deposit of 75% of the decreetal amount inclusive of 50% of the decreetal amount deposited at the time of filing the appeal under section 41 thereof. Reading section 42 along with section 40 of the ......g 10 decimals of land. As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......dant-Bank on 21.09.2005 summoning it to obtain “from a Judge, within 10 days from service; leave to appear and defend;” the suit with the warning that its defaults to obtain such leave within the time mentioned therein the allegations in the plaint will be deemed to be admitted and the plaintiff......t No.16 of 2005 on Bill of Exchange (cheque). The said suit was filed by filing an application under rule 2(2) of Order XXXVII of the Code of “The Summary procedure on Negotiable Instruments” for recovery of debt “on enactment.” After the suit was admitted and numbered, the summons thereof i...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....ent: Nozrul Islam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, 2012. Result: ......ty Bank Ltd and on receipt of the said application for registration the respondent No.3 i.e. Director of Labour made some queries under section 182(2) of the Bangladesh Srama Ain,2006 and at the same time Labour Director also sent a copy of the said application to the petitioner bank as contemplated......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

.... Bandar, Chittagong and others………………..Respondents Judgment June 21, 2012. Result: The Rule is discharged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advocate with Ali Asif Khan, Advocate with Mohammad Motahar Hussain, Ad......he minutes). It was also decided, inter alia, that unless the tender documents were comprehensively amended, all proceedings relating to the appointment of Berth Operators should be stayed for the time being (Annexure-F). 15. It has been contended that since the inception of the berth/ ship......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....ision (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment   &nb...... the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is documentary evidence, it can be taken into consideration at the time of trial as per section 30 of the Evidence Act, 1872 and in appropriate case conviction of the ...... and investigation is yet to be completed. The confessional statement made by a co-accused i.e. one of the dacoits who was caught red-handed by the informant and others. In addition, the record shows recovery of some looted gold ornaments from SR Jewelers. On the   other  hand,  ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10