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Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....o.5073 of 2012, sought a direction upon the Bangladesh Telecommunication Company Limited (BTCL) from this Court to implement the decision dated 6-3-2012 passed by Review Panel-2. 4. The relevant facts, as stated in the writ petitions, are that the petitioner in Writ Petition No.5073 of 2012 is ......) 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)
....91 of 2009. (From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004). Judgment Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are dis&......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others...........an 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 evidence on record, they did not work for 120 days continuously in a particular engagement; the..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....rayed for rectification of Register of members and to pass necessary orders accordingly. 5. Learned Advocate Mr. Moksedul Islam appearing for the respondent No.3, in his argument, reiterated the facts as recorded herein before and emphafically submits that there is no clear documents to ascerta......Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment August 6, 2012. Result: The ap......on-maintainablity of the same. The main contention of the respondent No.3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the p..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....to suffer imprisonment for life and directing each of them to pay a fine of Taka 3,000 only, in default, thereof each to suffer further sentence of six months rigorous imprisonment. 2. The facts, leading to the filing of this criminal petition for leave to appeal, in short, are that on 15......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others.................Petitioners Vs. State................................................cedure is not a substantive evidence. Mere delay in recording the statements of the prosecution witness under section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting................................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)
....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. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others...........................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)
.... 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. ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam......ot to absorb them in those vacant posts. 3. It was argued on behalf of the petitioner that though the post of 7 sweepers appeared to have been approved by the Ministry of Education, there was no evidence that they had actually been absorbed in those posts; that the appointment letters of the wr..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....nder to suffer imprisonment for life and directing each of them to pay a fine of Tk.3,000/- only, in default, thereof each to suffer further sentence of six months rigorous imprisonment. 2. The facts, leading to the filing of this criminal petition for leave to appeal, in short, are that on 15......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond......y implicated in this case out of enmity inasmuch as they were not responsible for/connected with the occurrence. 9. The learned Additional Sessions Judge, Court No.1, Pabna, on the basis of the evidence on record, found the leave petitioners guilty of the offence charged and by his judgment an..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....e prayer on the ground that such course would delay the disposal of the suit. The learned Advocate-on-Record has lastly submitted that the High Court Division failed to apply its judicial mind in the facts and circumstances of the case in sifting the evidence on record, particularly, the noting in t......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa...... the disposal of the suit. The learned Advocate-on-Record has lastly submitted that the High Court Division failed to apply its judicial mind in the facts and circumstances of the case in sifting the evidence on record, particularly, the noting in the diary of the defendant which proved that most of..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....itute substantive evidence within the meaning of section 3 of Indian Evidence Act. It can only be taken into an account by the Court in arriving at its conclusions. Its value, however, depends on the facts and circumstances of each case. It has also to be borne in mind that a retracted confession is......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......f the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. Admittedly victim Jibran was murdered on his way ho..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....ovable User Identification Module (RUIM) Card in exercise of powers under sub-section (7) of Section 5 of the মূল্য সংযোজন আইন, ১৯৯১ (Act of 1991). 2. Short facts relevant for the disposal of this question are that one Abu Sayed Khan, the respondent No.1, ......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re......e is increased, the supplementary duty on mobile phone connections would also increase. In its concise statement the NBR had asserted that the writ petitioner had failed to produce any documentary evidence to show that he was personally aggrieved by the issuance of the impugned order and that he..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....ade in the written statement it appears that the defendant at paragraph 13 and 14 also has taken defence as against the benami claim as made out by the plaintiff. Taking into consideration the entire facts and circumstances as well as the statements made in the plaint and written statement and ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R......never any new fact is incorporated and a new case is made out and in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DL..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)
.... 09690 in respect of 50MW Power Plant at Kumargaon, Sylhet and refund of US$ 2,61,667.82 (US Dollar two lakhs sixty one thousand six hundred and sixty seven cents eighty two). 4. The brief facts necessary for disposal of these writ petitions are as follows: 5. The petitioner is...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both......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)
....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. ......dvocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Or......he accused persons who faced the trial were examined under section 342 of the Code of Criminal Procedure. The defence case was a plea of innocence. 5. The trial court, on consideration of evidence adduced by the prosecution found this accused-petitioner Md. Shahabuddin only guilty under ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
.... High Court Division made such direction, which might not have been given by the learned Magistrate unless he was satisfied on perusal of the diary that such interrogation was at all necessary in the facts of the case. 7. Under section 167 of the Code of Criminal Procedure, a Magistrate does not ......ghest echelon. Before making any decision on the basis of the application filed by the investigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr......used to be produced before a Magistrate is to enable him to see that remand is necessary and also to enable the accused to make any representation he may wish to make. The Magistrate is guided by the evidence already available and the prospect of getting further evidence as regards the offence alleg..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....earned Magistrate by order dated 06.02.2000 filed the case in absence of the complainant. The learned Advocate also submits that from the statements of the petition of complaint, it is clear that the facts are preposterous and no case stands against the petitioners. He further submits that the proce......ed in: 21 BLT (HCD) (2013) 28 ......ie case of criminal offence has been clearly made out, the High Court Division in a proceeding under Section 561A Cr. PC has little scope to scrutinize the truth or otherwise of any document or other evidence, which may be used as a defence in a criminal proceeding. In support of his submission, the..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....bsp; July 25, 2012. Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So ...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......sp; against the accused-appellant under section 302 of the Penal Code. 10. At the time of trial, the prosecution examined nine witnesses and withheld 11 witnesses. 11. After recording evidence, the trial Court examined the appellant under section 342 of the Code of Criminal Procedure..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....e suit property as such, purchase from Saranalata Dey Syed Ali Habib and Hemendra Mohon and from then plaintiffs acquired no title over the suit property. Learned Advocate further submits that on the facts of the given case cause of action as given is not sustainable in law. 12. We have conside......D) (2013) 46. ......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)
...., save, with a view to allay confusion that seems to have permeated into the mind of the Hon'ble Speaker, apparently because of the infusion of erroneous information, we are putting the misunderstood facts right and expressing our expectation as to sub-judice matters. Let this matter be reviewed aga......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......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
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court Division in Criminal Appeal No.3084 of 2004 with...... held trial against the charge sheeted 10 (ten) accused persons after framing formal charge against them under sections 302/201/109/34 of the Penal Code. The trial court, on consideration of the evidence adduced by the prosecution including the judicial confessional statement of the accuse..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....ance is that for the purpose of snatching away the gold chain of deceased, Emran, the condemned-prisoner committed the offence of murder to meet his immediate necessity of money. However, on the facts and in the circumstances of the case, the mitigating circumstances are: 1. The condemned...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20......rial, the prosecution examined six witnesses in all to substantiate its case. Both the accused were examined under section 342 of the Code of Criminal Procedure who again claimed innocence but led no evidence. 7. The defence case is that the accused were in no way involved in the commission of..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
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