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Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....1 contending that such transfer at the belated stage when the case was almost concluded was done with mala fide intention to harass and humiliate the accused-petitioner. 5. Upon hearing both the parties, the High Court Division discharged the Rule by the impugned judgment and order dated 31.10.......7 dated 12.02.2003 under sections 302/326/307/114/34 of the Penal Code which is now pending in the Druto Bichar Tribunal No.1, Dhaka being Druto Bichar Case No.11 of 2010. 4. After conclusion of investigation, the Investigating Officer submitted Charge-sheet No.89 dated 30.08.2003 under section..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....pecial Judge, he did not pay any heed to the same which proved the biasness of the Divisional Special Judge and created an apprehension in the mind of he accused that he would not get fair and impartial justice from him. After examination of P.W.1 on 9-6-1999 while prayer for adjournm......er section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, was started against the accused-respondent No.1 (hereinafter referred to as the accused). After investigation, the Durniti Daman Commission submitted charge-sheet in the case against the accused o..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....ioners, filed the above mentioned Miscellaneous Case No.17 of 2007 under section 96 of the State Acquisition and Tenancy Act for pre-emption. 4. The case of the pre-emptors was that the opposite party Nos.2 and 4 were owners in possession of 1.39 acres of land of S.A. Plot No.408 of mouja ......elow have failed to consider and evaluate these evidence and materials properly; the learned Advocate has stated also that in the trial court, at the instance of this present petitioner, a local investigation was held by an Advocate Commissioner to find out whether there was any public road in ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....7. None appears for the petitioner. Md. Abdul Rahman Howlader, the learned Assistant Attorney-General appears for the State and opposes the Rule. 8. The Anti-Corruption Commission was not made a party to the proceeding. However Khurshid Alam Khan, the learned Advocate, appears on behalf of the ......ces under sections 409 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. The FIR was registered as Sirajdikhan P.S. Case No.4(17) dated 30-4-1989 and investigation thereof was assigned to the District Officer of the Anti-Corruption Bureau. An Assista..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
.... that he would give taka 3000.00 and accordingly, he having gone home, sent the said money. The P.W. took Anguri Khatun to his house on ‘বেয়াই’ in the month of Jaistha and in the last part of the month of Ashwin, Khurshed Ali took her back to his house. Khurshed Ali did not return ba......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and 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) 113. ......ation of 112 Kgs wheat and 349 Kgs rice valued at Taka 8,600. On the basis of this FIR Pirgonj P.S. Case No.4 dated 11-2-2003 under section 409 of the Penal Code was started. 3. The police after investigation into the matter submitted charge sheet after observing all formalities on 11-4-20..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....lip;….Accused-petitioner
Vs.
Anti-Corruption Commission and another…………………………………..Opposite-party (In Criminal Miscellaneous Case No. 19327 of 2008)
Ali Ahsan Md. Mozahid……&......of such magnitude and cannot be assessed in their true perspective without sufficient materials or evidence. In fact, the acceptability of the evidence or materials, so far collected during course of investigation, to fasten culpability on the accused persons is absolutely matter of trial which shou..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....m his service factually and legally, he ceased to have any relationship with BJMC as its employee. So, he could not make any prayer for reinstating him in the service of BJMC. We find no fault on the part of BJMC to take the stand that since the petitioner was neither dismissed nor removed by BJMC t......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....etitioner. None appears - For the Respondents. Writ Petition No.9742 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavit filed by the petitioner be formed part of the main petition. 2. At the instance of the petitioner, IMS Glass Industries Limited......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....lip;……………Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 12, 2011. Result: The Rule is discharged. Cases R......petitioner has committed offences under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 during the period from 13-11-93 to 28-3-2007. 3. After investigation, an Assistant Director, Anti-Corruption Commission submitted charge sheet on 5-8-2009 ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....nd order of the learned Additional Sessions Judge and, as, such, the impugned judgment should be set aside. He also submits that unless a prima facie case is found out by the Criminal Investigation Department (CID) by examining the papers, the learned Magistrate cannot take cognizance of the of...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....roverting the statements made in the writ petition. 5. The case of the respondents discloses from the submission of the learned Deputy Attorney General, in as much as, it was precondition on the part of an applicant to furnish his/her application written by his/her own hand but in the instant c......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
.... Harabilash Mitra…………………………Appellant Vs. Biswas & another………………………Respondent Judgment December 7, 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedu......e No.07 dated 19-1-2006 under section 9 (4) (kha) [as written in the FIR, though in the law there is no such section] of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was started. 3. The police after investigation into the case submitted final report in favour of the Respondent No.1 stating that the..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage. She willingly surrendered herself ...... 3. On the basis of that FIR Sunamganj Police Station case No.2 dated 3-1-2009 corresponding to GR No.2 of 2009, under sections 9(1)of the Ain against the accused-appellant was started. Police after investigation of the case submitted charge sheet against him under section 9(1) of the Ain, on the b..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....tion) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to...... Rahman and seized the incriminating arms and ammunitions as per seizure list in presence of witnesses. The accused-petitioner was one of the associates of the accused Md. Bazlur Rahman. 3. During investigation, the investigating Officer examined witnesses and recorded their statements under sect..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....J Jakir Hazi................................Petitioner Vs. State………………………………….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confe......ামপুর, ঢাকা। 3. After recording of the first information report, the charge of the investigation was entrusted to the police personnel of the concerned thana and they visited the plac..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....pellants Vs. State………………………………………………………………………………..Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu ......tim Anita was unconscious and her son-in-law was busy at Rangpur Medical College Hospital with the treatment of the victim she could not name the assailants in the FIR. 37. The police took up the investigation of the case, visited PO, prepared sketch map with separate index of the same, seized a..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....ect of the suit land; thereafter, on 27-6-1992 Moklis Miah sold the suit land in favour of plaintiff Fazal Ahmed and one Akbor Ali and had handed over possession; said Akbor Ali subsequently sold his part of the suit land in favour of the plaintiff Fazal Ahmed, thereafter, the plaintiff got his excl......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. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....r of Sakhina identified by Constatle Mosharraf Hossain and found the following injuries: - “(1) A rounded non continuous ligature mark on the front (left) side and back of the neck in its upper part. A gap on the right side of neck below the right ear. (2) Abrasion with blood clot on the ex......the Magistrate, Sherpur which was referred to the Police Station wherein it was recorded as Sherpur Police Station Case No.9 dated 12-6-2004 corresponding to GR No.486 of 2004. 6. The Police after investigation submitted charge-sheet under sections 11(ক) 30 of the Ain 2000 accusing the accused...Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
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