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

....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 ..

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

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

....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       ..

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

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

....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......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)

....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......le 95 provides the establishment of the Supreme Court. Article 74 provides that the Parliament shall elect its Hon'ble Speaker and Deputy Speaker. Articles 94 (2), 95 and 98 provide the provisions of appointment of Chief Justice of Bangladesh, Judges and Additional Judges of the Supreme Court. Artic..

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

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

.... 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......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)

....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......is letter dated 18.11.2008 asked the acting secretary to prepare the list of new councilors long before the four years rigid tenure of the members of the General Council. Aleya Ferdousi’s purported appointment was made not by the designated body, but by the President rendering the purported appoin..

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)

.... 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: ..

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

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

.... 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 ..

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)

.... 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       ..

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)

....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 ......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)

....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...... 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)

....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 ..

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)

....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......s to why the notices inviting tender bearing Invitation Reference No. DT/Ship/Berth Operator/Tender/631(Cargo) dated 17.05.2010 as published in the “Daily Azadi” on 18.05.2010 (Annexure-A1) for appointment of Berth Operators for Cargo (other than Container) handling at GCB area of Chittagong..

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

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

.... 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 ...... 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

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....Md. Zarrar applied to the Government for allowing him to stay in his father’s property. Accordingly Khawaja Md. Zarrar was allowed to stay in the property in question. Khawaja Md. Zarrar at one time described himself as an attorney of his father and filed Settlement Case No.744 of 1988 in the ......that he was appointed attorney of his father by power of attorney dated 03.09.1971. When Khawaja Md. Zarrar claimed to have acquired the property by way of oral gift from his father on 20.11.1970 his appointment as the attorney of his father by the power of attorney dated 03.04.1971 is mysterious. T..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......in respondent No. 2's Memo No. SA Ma (Bidhi-1) S-8/95 (part-2) 56 (500), dated 17-3-1997, as amended by Memo No. 170.1997.07.04.068.2010-150, dated 5-5-2010 (Annexure-A and A-1) in respect of the appointment of sub-Inspectors of Police pursuant to the respondent No. 7's recruitment notice as..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ore than one polling station and the reason is that the lists sent by the different Bar Associations had been printed by the Bar Council as the voter list. This process has been continuing for a long time. No one raised any objection. At a special meeting held on 29-4-2012, the Bar Council took reso......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ...... (iii) An officer or employee shall be absorbed if she was appointed in the development project within the mean­ing of rule 2(ka) of Rules, 2005 in accordance with the procedures pre­scribed for appointment in public employment. (iv) An officer or employee must have requisite qualifications ..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....submission of his wealth statement to the Commission's, District Office, Chittagong. In spite of proper service of notice, the accused-peti­tioner failed to submit his wealth statement within the time limit of 7(seven) days and thus committed offence under section 26(2)(Ka) of the Ain, 2004. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

....ch facts, the findings by the High Court Division that the defendant raised no question about the genuineness of the signature of the 'bainapatra' in the trial Court and raised the same for the first time before the Court of appeal below is misconceived, baseless and perverse. II. The Court of ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27