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....eous Case No.19327 of 2008 and the Criminal Miscellaneous Case No.19328 of 2008 filed by one Moulana Motiur Rahman Nizami, accused of ACC GR Case No.22 of 2008 arising out of Shahbagh P.S. Case No.53 dated 26-2-2008 punishable under sections 409/109 of the Penal Code read with section 5(2) of the Pr......tively. In pursuance of such direction we have fixed these two matters for hearing analogously since the question of facts and law involved in these two matters are identical which arises out of same occurrence and the conducting advocates are also the same. It is also decided to hear and dispose of..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....structed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Respondent Nos. 2-5—Not represented. Civil Appeal No. 266 of 2009. (From the judgment and order dated 10.05.2007 passed by the High Court Division in Writ Petition No.1870 of 2003.) Judgment ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....he Appellant. Abdur Rab Chowdhury, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents. Civil Appeal No.200 of 2003. (From the judgment and order dated the 18th day of November, 2001 passed by the High Court Division in Writ Petition No.3614 of 2......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
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
.... Md. Fazlur Rahman, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2354 of 2009. (From the judgment and order dated 17.08.2009 passed by the High Court Division in Writ Petition No.3614 of 2008) Judgment ......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)
....d, Assistant Attorney-General - For the State. Criminal Appeal No.1450 of 2006. Judgment M Enayetur Rahim J.- This appeal at the instance of the informant is directed against the Order dated 6-3-2006 passed by the Nari-o-Shishu Nirjatan Daman Tribunal No.1, Magura in Nari-o-Shishu Nir...... outrage her modesty forcibly; at one stage of the scuffle her daughter screamed and then her wife Anjali Rani Mitra rushed to the room and the respondent No.1 fled away pushing her back and the said occurrence were witnessed by many persons in the locality; if her wife did not rush to the spot the ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
.... AKM Fazlur Rahman J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain), preferred by accused Golam Ahmed, is directed against the order dated 2-11-2010 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Sunamganj, (hereinafter referre...... moved the court of law with the allegation that the accused was practicing fraud upon her, obtained her consent to have sexual intercourse and they lived together as husband and wife. Such manner of occurrence as alleged in the FIR is preposterous and suffers from infirmity and improbability. The c..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....r section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No.21 of 199......th the said demand, the said accused told her that he would shoot her to death. At this, she raised a hue and cry and the informant Md. Jahir Uddin, Md. Siraj, Montu and others rushed to the place of occurrence and caught hold of the accused Md. Bazlur Rahman. At one stage, the accused Md. Bazlur Ra..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
.... at the instance of the accused-petitioner Jakir Hazi calling upon the opposite-parties to show cause as to why the proceeding of GR No.176 of 2008 corresponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistr......; 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 place of occurrence, prepared the sketch map with index, asked the informant about the case. Thereafter, the ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....e-on-Record-For the Appellants. Israfil Hossain, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Appeal No.136 of 2004. (From the judgment and order dated the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001)......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....-General (with ASM Nazmul Haque, Deputy Attorney-General), instructed by Md. Shamsul Alam, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2008. (From the judgment and order dated 10-5-2006 passed by the High Court Division in Criminal Appeal No.4775 of 2003) Judgment ......-examination, he stated that the police recorded the statement of his wife at Rangpur Medical College and that one eye of his wife was damaged. In cross by the defence, he stated that on the night of occurrence or subsequent thereafter, his wife did not disclose the name of the accused-persons. Th..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... Enquiry Committee formed by the Securities and Exchange Commission to enquire into the matter under Section 21 of the Securities and Exchange Ordinance, 1969. 4. According to the enquiry report dated 27-3-1997 the accused-persons being dealer/broker committed offence described in section 17 of......Ahmed, the accused No. 4, were not the members of Dhaka Stock Exchange or never acted as broker/dealer in Dhaka Stock-Exchange or Chittagong Stock-Exchange and, as such, has no access of the place of occurrence as only members have access to Dhaka Stock Exchange or Chittagong Stock Exchange. No alle..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....tes—For Respondents. First Appeal No.153 of 2001. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of defendant Nos.4-6 is directed against the judgment and decree dated 28-3-2000 passed by the Sub-ordinate Judge, now Joint District Judge and Artha Rin Adalat, Syl......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
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....and Md. Asaduzzaman, Assistant Attorney-General - For the State. Criminal Appeal No.4053 of 2003. Judgment Md. Enayetur Rahim J.- This Appeal is directed against the Judgment and Order dated 29-9-2003 passed by the learned Judge of Druta Bichar Tribunal No.2, Dhaka in Druta Bichar Tri...... Rahman in his deposition stated that on 19-8-2001 under the leadership of AC Akramuzzaman Bhuiyan he along with other forces on getting secret information at about 07-15 hours reached the place of occurrence and made an ambush at about 09-30 AM they caught hold accused Nurul Islam and on interrog..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....inal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legality and propriety of the Judgment and order of conviction and sentence dated 17-4-2006 passed by learned Judge of Tribunal, in Nari-o-Shishu Nirjatan Daman Tribunal Case n......s living with her accused husband in the same conjugal home (briefly as PO). During their wedlock four children were born. Her accused husband used to torture her for the cause of dowry. Prior to the occurrence her cousin Md. Mister Ali (P.W.5) visited her conjugal home and the accused demanded Taka..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....Judgment Obaidul Hasan J.- This appeal has been preferred by the appellant under section 10 of the Criminal Law Amendment Act, 1958 against the Judgment and order of conviction and sentence dated 13-5-2007 passed by the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convic......e may 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) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....sions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the judgment and order dated 6-2-2006 passed in Session Case No.65 of 2001. Criminal Appeal No.1962 of 2011 and Jail Appeal......ringing out Atiar from under the cot the miscreants dragged him into the eastern part of the house where he was chopped to death. The miscreants confirming the death of Atiar Rahman left the place of occurrence through muchirpara field. The informant in the light of the electricity and also by the v..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... Md. Zohirul Islam, Advocate-on-Record—For the Respondent No.3. None Represented—For the Respondent Nos. 2 & 4. Civil Appeal No.279 of 2010. (From the judgment and order dated 20-5-2010 passed by the High Court Division in Writ Petition No.8100 of 2009) Judgment ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....cord-For the Appellant. Md. Israfil Hossain, Advocate instructed by Mrs. Sufia Khatun, Advocate-on- Record-For Respondent. Civil Appeal No.28 of 2005. (From the judgment and order dated 15th July, 2002 passed by the High Court Division in Civil Revision No.4631 of 1998). Ju......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....essions Judge, 8th Court, Dhaka for confirmation of sentence of death awarded by him upon accused Matiur Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in ...... element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ts. And on 19-10-2005 the Respondent Bank communicated a copy of the resolution to the petitioner. The petitioner company in turn accepted the proposals and informed the Bank addressing a letter dated 19-10-2005. After receiving the acceptance of the decision of the Board meeting Respondent ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
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