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Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......efore the inquiry officer on 2-7-2002. The inquiry officer neither allowed him to defend the case nor examine any witness in his presence nor gave him any opportunity to cross-examine the witness. Whereas the inquiry officer made him guilty of the charge under section 17(3) (Kha) (Cha) of the Employ..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......he condemned-prisoner. Death Reference No.159 of 2004 with Jail Appeal No.1237 of 2004. Judgment AKM Fazlur Rahman J.- This is a reference under section 374 of the Code of Criminal Procedure read with section 29 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain)..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......25A, Road No.96, Gulshan-2, Dhaka...........................................................Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repre­sented by Mirza Mohammad Rofiqur Rah­man, Secretary, Board of Directors and othe..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

....it. 7. It is however stated that the petitioner is now a fugitive and as such, she has got no right to seek any redress of any grievance against pending proceedings before the competent court of criminal jurisdiction. 8. Mr. Rafiq-ul Huq, learned senior advocate took us through the ACC Act...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......26(2) of said Act if he failed to submit the statements. 4. Then, the petitioner learnt that on 07.10.07 a FIR was lodged against her husband and her under section 26(2) and 27(1) of the ACC Act read with section 109 of the Penal Code and also rule 15ঘ(5) of the Emergency Powers Rules, 2007, ..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)

....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......he allegations made in the first information report will come within the mischief of section 23 of The Emi­gration Ordinance, 1982 (Ordinance No. XXIX of 1982). The Government by Notifica­tion already constituted Special Court for the purpose of trial of all offences under the said Ordinance. ..

Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4

Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)

....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......that ground it is not proper to transfer the case but old maxim justice should not only be done, but should manifestly and undoubtedly be seen to be done.’ The learned Advocate the complainant is threatened by the accused respondent No. 1 and in the circumstances of these appears a reasonable appr..

Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ...... diesel each containing 218 liters total 3161 liters amounting to Taka 1,04,313 and 14 barrels of kerosene each containing 218 liters total 3052 liters amounting to Taka 1,00.716, for the purpose of creating artificial crisis and wrongful gain. On interrogation, the accused Abdul Mannan could not pr..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......l each containing 218 liters total 3161 liters amounting to Tk. 1,04,313/- and 14 barrels of kerosene each containing 218 liters total 3052 liters amount­ing to Tk.1,00,716/-, for the purpose of creat­ing artificial crisis and wrongful gain. On in­terrogation the accused Abdul Mannan could no..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......s often synonymous with either, every or all. Its meaning generally may be restricted by the context thus, the giving of a right to do some act at any time is commonly constructed as meaning within a reasonable time and the words 'any other’ following the enumeration of particular classes to be re..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....ion and submitted that as the petitioner on 26.12.06 purchased the jeep after the specified period of three years from the date of importation of the vehicle on 13.03.03 the petitioner incurred no criminal liability, initiation and cognizance of the case against the petitioner was therefore unau......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......o show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of Gulshan PS Case No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 ..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)

....6/-. On 14-06-2003, the accused No.1 refused to pay the money and denied about the claim amount and agreement to the complainant in presence of witnesses. Thereby the accused committed the offence of criminal breach of trust and cheating. Hence the case. 3. Eventual the learned Magistrate by th....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......used No.1, Nitol, Motor Co. and Premier Bank, wherein the Bank stood as guarantor. According to the agreement the accused paid Tk. 26,50,000/- as initial installment, subsequently paid 2,50,000/-, thereafter the accused did not pay the outstanding amount for the rest installments, which ultimately s..

Category: Procedural Law | Date: 18 May, 2008 | Hits: 41

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....ag P.S. Case No.940 dated 16.09.97. Subsequently by applying illegal force on the father of the plaintiffs the defendants got some paper signed by him to the effect that he would not proceed with the criminal case as well as civil suit. The defendants by putting threat on the life of the plaintiffs ......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......e Court of Joint District Judge, 2nd Court, Dhaka for declara­tion of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390/3940 measuring an area of 0568 ajutangsha originally belonged to Khiroda Shundari Daishya which was put to auction for ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......e months directing to furnish bail bonds to the satisfaction of concerned authority. The same were furnished. Subsequently the period of bail was extended from time to time. 2. The Rule, being ready was fixed for hearing. Meanwhile, on 22.04.2008 on behalf of the State an application for ca..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)

....d of the charge levelled against him on bestowing a Ruling of acquittal on finding him not guilty of the charge. 29. In approaching and answering to the points drawn up, the cardinal principles of criminal jurisprudence in awarding conviction followed the sentence upon an indicted person demands ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......s imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15 hours, they came to know that a girl has been abducted from Puratan Satkhira area; that the sister of the victim girl, Shikha Rani, was waiting at Puratan Satkhira police camp; t..

Category: Women and Children | Date: 4 May, 2008 | Hits: 151

Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)

....d of the charge levelled against him on bestowing a Ruling of acquittal on finding him not guilty of the charge. 29. In approaching and answering to the points drawn up, the cardinal principles of criminal jurisprudence in awarding conviction followed the sentence upon an indicted person demands ......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......s imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15 hours, they came to know that a girl has been abducted from Puratan Satkhira area; that the sister of the victim girl, Shikha Rani, was waiting at Puratan Satkhira police camp; t..

Category: Women and Children | Date: 4 May, 2008 | Hits: 8

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Relief Act, 1877 (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....he Sessions Courts are manned by senior judicial officers unlike the Courts of Magistrate. The petitioner should rather be happy as his case is being tried by a senior judicial officer well versed in criminal law. By the amendment of clause (C) of sec­tion 141 of the Negotial Instrument Act, the...... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ...... 14 of the Ain, no such benefit can be availed of by the accused simply because the Ain is not only a procedural law but also a special law. Consequently, the right of appeal has been curtailed to a great extent. Therefore, the embargo imposed on filing of the appeal by de­positing 50% of the fa..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

.... gravity of situations in which they find themselves. So much so, that it is an accepted phenomenon that children will act impetuously and do not always appropriate the consequences of their actions, criminal or otherwise. In a situation when they are under apprehension they are liable to panic and ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......he accused at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....e gravity of situations in which they find themselves. So much so that it is an accepted phenomenon that children will act impetuously and do not always appropriate the consequences of their actions, criminal or otherwise. In a situation when they are under apprehension they are liable to panic and ......corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ...... a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and thereafter sent the dead body to Joypurhat morgue for post mortem examination, which was held on 20.2.8..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

.... him/her and none can bring any action under Section 420 of the Penal Code; that the petition case has been filed stating the petitioner as his wife and neither the husband nor the wife can bring any criminal action against each other for breach of the contractual delegation. The learned Advocate su......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......nder Section 420 of the Penal Code; that the petition case has been filed stating the petitioner as his wife and neither the husband nor the wife can bring any criminal action against each other for breach of the contractual delegation. The learned Advocate submitted that none of the counts of alleg..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6