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Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......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..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. ...... Attorney General has taken us to the writ petition, the annexures, the previous judgment of this Division on the same Subject matter and submits that since this Division has settled the point on the question of absorption in the revenue budget, who had been appointed in various development projects......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. ...... Attorney-General has taken us to the writ petition, the annexures, the previous judgment of this Division on the same subject matter and submits that since this Division has settled the point on the question of absorption in the revenue budget, who had been appointed in various development proj...... 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. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......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..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......igh Court Division in First Appeal No.99 of 1992). Judgment Md. A Wahhab Miah J. - In this petition, the petitioner who is the heir of the deceased defendant, Md. Yousuf Chowdhury has called in question the judgment and decree dated the 20th day of May, 2010 passed by the High Court Division i......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..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......urt Division under sections 302/109 and 120B of 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......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..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ng a petition the Court will have to decide the extent of sufficiency of interest and the fitness of the person invoking the discretionary jurisdiction. 2. The Court which considering the question of bona fide in a particular case will have to decide as to why the affected party has not......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, ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......o ask for general or other relief which is always be given as the Court may think just to the same extent as if it had been asked for........ (23) Filing of additional written statement The question of filing additional written statement comes in whenever any new fact is incorporated and a......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 ..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)
....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 ......e Respondent No.2-4 (In writ petition No. 3877 of 2009) Writ Petition No. 3877 with 3904 of 2009. Judgment Md. Ashraful Kamal J. - Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment. 2. In Writ Pe...... 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..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......provisions of the Code of Criminal Procedure. Or in the alternative, the exercise of such power should not be inconsistent with any of the specific provisions of the Code. It is only if the matter in question is not covered by any specific provisions of the Code that section 561A can come into opera...... 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 ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... 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 ...... 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 ......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..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....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 ......sp; 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 ......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 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....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. ......or the land of CS dag No.223/369 of area 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.......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..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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: ......he respondents, submits that the petitioner has got no locus standi to file the instant writ petition. His next submission is that the validity of the proceedings in Parliament shall not be called in question in any Court as per Provision of Article 78 of the Constitution so the instant writ petitio......, 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..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....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: ......zzaman, who recorded the confessional statement under section 164 of the Code of Criminal Procedure and we find that the confessional statement is true and voluntary. 15. Let us now come to the question of the sentence of death imposed on the condemned-prisoner. During recording of his stateme......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..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......y this Division to which Mr. Rokanuddin Mahmud also agreed. 11. In view of the above categorical submissions of the learned Counsel of both parties, we do not consider it necessary to go into the question of maintainability of the writ petition before the High Court Division in detail and the ot......ion constituting the Executive Committee of the Federation having been made by Bangladesh National Sports Council which is a statutory body, writ petition was very much maintainable in law and in the facts and circumstances of the case, the High Court Division rightly made the Rule absolute and as s..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....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:
......cribed period may look into this aspect in order to be satisfied that the Investigating officer was not indolent in concluding the investigation beyond the stipulated period of time.
7. Now, the question remains since rule 10 does not include any consequential provision, as such, whether non-co......ld exercise it’s discretion white accepting the police report, if it is not filed within a reasonable period. However, while considering reasonable period the Court should also keep in view the facts and circumstances of each case.
3. Mr. Ahmed Sohel, the learned Advocate appearing on beh..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......th the sides and gone through the impugned judgment of the High Court Division as well as those of the courts below. 9. It appears that all the three courts, on proper consideration of the facts, circumstances and evidence on record and also examining the relevant law held the concurrent ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ar Sinha J. - Plaintiffs in a suit for realization of Tk.8, 46,795/- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Mod......ments including the impugned judgment and submits that the High Court Division erred in law in failing to consider that the mortgaged property was collusively transferred by suppression of material facts by evicting the petitioners from their dwelling houses which property is quite distinct fro..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
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