Search Options
Judgment Advanced Search
Displaying 341-360 of 7133 results.
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... The appeal is dismissed. In an arms case, an accused could be convicted on the basis of unimpeachable evidence of the Police witnesses though the public seizure list witnesses were reluctant to tell the truth in a bid to save the accused who was either their neighbour or relative. In the in......pellant for the offence punishable under section 19A of the Arms Act and on investigation Police submitted charge-sheet against the appellant for the offence punishable under the aforesaid section of law. The offence being subject to cognizance and exclusively triable by a Special Tribunal, the case..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......onths he worked at Balurghat area, one night he was awaken up by some persons and they identified them as police personnel of the police station, they asked him to put his signature on a blank paper, accordingly, he put his signature thereon. At this stage he was declared hostile and in cross-examin...... it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and unimpeachable, but the case where public witnesses depose in one voice contrary to what police personnel have deposed in that the testimony given by the police personnel shall be d......s Special Tribunal Case No.169 of 2003, wherein charge was framed against the sole accused-person which was read over to him for which he pleaded not guilty and claimed to be tried in accordance with law. 4. During trial prosecution examined as many as 8 witnesses out of 15 cited witnesses in t..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion of earlier assignment given to the petitioner vide letter dated 30-11-2008 without issuing notice upon the petitioner for such cancellation of assignment is nothing but complete denial of natural justice of the petitioner. 13. Moreover, he submits that the claim made by the Respondent No.1 ......se is renewed there will not be any additional charge for this particular assignment for current technology (GSM, GPRS and EDGE). vii. The licensees will be to provide services with the spectrum according to the conditions of the cellular mobile license. However to utilize for frequency for 3G,......the constitution of the People’s Republic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article 40 should go uninterrupted The petitioner is entitled to carry out his business of mobile operator as per Article 40 of the Constitution of the People&rsq......relates to already assigned spectrum in 2008 (2.6 MHz 1800 band) and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....sible for the cause of death. The evidence in this connection is superficial in nature. As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life&helli......ained five gun shot injuries and under such circumstances, it was not a believable story that the victim would be able to make a declaration as narrated by P.W.1. Learned counsel further submits that according to P.W.1, Milon accompanied him but the prosecution did not examine Milon and therefore, t......ficial in nature. As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: ...... taken us to the confessional statement of accused Sumon, the dying declaration of the victim proved by P.Ws.1, 2 and 5 and other materials on record and submits that the High Court Division erred in law in maintaining the conviction and sentence of the petitioners, inasmuch as, the dying declaratio..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
.... of law despite the learned trial court rightly decreed the suit the court of appeal without considering the aforesaid aspect erred in law resulting in an error in the decision occasioning failure of justice. The learned Advocate for the plaintiff-petitioner Mr. P.C. Guha also submits that the plain......and conditional there was no necessity of serving any notice upon him or any formality. According to the Government Servant (Discipline and Appeal) Rules and for the sake of security of the State and according to the Article 135(2) (iii) of the Constitution of the People's Republic of Bangladesh...... Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, 2012.
Result:
The is made absolute.
Cases Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 34 DLR (AD) 173; Principal, C......and also for a direction to the defendant-opposite parties to reinstate the plaintiff-petitioner in his service and post with all arrear salaries, seniority, facilities and benefit in accordance with law. The respective case of the plaintiff-petitioner is such that he is a citizen of Bangladesh by b..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......e appearing on behalf of respondent No.1, on the other hand, submits that the writ petitioners entered into an agreement to purchase the disputed building for a consideration of Tk. 20,00,000 and accordingly, a bainapatra was executed and registered on 16-2-1986 and that subsequently by filing O....... ATM Mannan and another..........................Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation ei......7 of the PO 16 of 1972 or section 5(1) (b) of the Ordinance No.LIV of 1985. Thus the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal effect. 7...Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......-applicant relied upon the Advance Income Tax (AIT) deducted at source by the different government agencies which received the supply of petroleum product from the assesses-applicant company and accordingly the concerned DCT in the assessment year for 2006-2007 made an opinion in the follo......osed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiyan, DAG with Mahfuza Begum, Assistant Attorney-General—For IT Department. IT Reference Application No. 405 of 2009 With ......ion No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this single judgment. 2. In the Income Tax Reference No. 405 o..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....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. ......re is no legal scope on the part of any Review Panel to pass any direction upon BTCL to treat NETAS as a pre-qualified entity and to proceed further by treating NETAS as such. He further submits that according to Section 29(2) (Ga) (A) of PPA 2006, no appeal shall lie against rejection of an applica......012 is discharged. Rule issued in Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company......irements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority………..........(8) Pre..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)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......ssion that from the internal appointment note, it appeared that the respective petitioner was appointed 'as casual basis' against the vacant post of Mechanic, Cleaner and Data Entry Assistant according to the approved set up and, as such, the finding of the Labour Court that the petitioners ......ts (In all appellants) Vs. Md. Zahangir Farazi and others.....................Respondents Judgment August 7, 2012. Result: All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171......dgment 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 disposed of by this common j..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....did not want to purchase the scheduled land of the agreement and the same was, in fact, executed as a security for the loan taken by the defendant. He has further submitted that to secure the ends of justice, the High Court Division ought to have sent the suit back on remand to the trial Court for p......of the agreement within 7(seven) days from the date of receipt of the notice. On receipt of the notice, the defendant thought it proper to discuss the matter with the plaintiff's learned Advocate and accordingly, went to him along with the plaintiff who told him to pay back the plaintiff's money wit...... Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by...... the evidence on record, particularly, the noting in the diary of the defendant which proved that most of the loan money taken by the defendant from the plaintiff was returned back and thus, erred in law in dismissing the appeal. 7. Mr. Abdul Wadud Bhuiyan, learned Advocate, entering caveat on be..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....ers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. This sec......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......o. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which n......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....tion' which means studying the prevailing customs of the community in the pertinent area; "directive forces', which is the method of sociology that reflects a Judge's outlook on justice, morals, and social welfare, the more of the day. The Judges are riot free, to set-aside exi......cumentary evidences do not conclusively prove that the Titu has conspired with the other convicted accused to kill Jibran. Exhibit X-1 also conflicts with the prosecution case, inasmuch as, according to prosecution version, the appellant has hired Osman through convict Didarul Alam bu...... Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. King Emperor, AIR 1940 PC 176; B......earned sister has also used the confessional statements of co-accused in support of the charge of criminal conspiracy and also has considered both the charges jointly which is not permissible in law. A confessional statement of accused cannot be used in support of the charge of criminal con..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. ......ulture, antiques, forest and wild life. h) petitions from riot victims………………………………(38) Status of policy and intervention of the court When policy according to which or purpose for which discretion is to be exercised is clearly expressed in the ......han and others………………….......Respondents Judgment August 1, 2012. Result: The appeals are allowed. Public Interest Litigations (PILs) when to prefer The filing of PIL petition is essentially meant to protect basic human rights of t...... who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's processes are not abused by any person ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....l written statement The question of filing additional written statement comes in whenever 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.........o submitted a counter affidavit on 29-7-2012. The matter was taken up for delivery of judgment was just at 4 PM and Mr. Md. Nurul Amin made a prayer for shifting the date for delivery of judgment and accordingly the date was shifted to 31-7-2012. Today the matter has appeared in the list for deliver...... Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same ...... Code of Civil Procedure; ii) no claim was made regarding benami transaction or benami acquisition of property and, as such, the suit barred. In support of his contention he referred to the case law of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90. iii) the suit i..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ...... Meetings. The meeting was called in the interest of the company and if the meeting decides to alter Article 14 and 26, as proposed, it will in no way prejudice the interest of the petitioner. He has accordingly prayed for dismissal of this matter. 5. Heard the learned Advocates and peruse......upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....oint a Magistrate of First Class for handing over the possession and control of the mortgaged property to the Financial Institution/Bank when requested. In such circumstances, we are of the view that justice would be done if a direction be given upon the respondent Nos.1 and 2 to take necessary step......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......mnoon Rahman J.— In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply with the prayer made by the petitioner under Section 12(5)(ka) of the Artha Rin Adalat Ain......ated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank filed an application before the District Magistrate, Chittagong for taking necessary steps as per the said provision of law. But despite filing of such application the respondents are not taking necessary steps. It furth..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
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 ......sh Power Development Board (BPDB) invited tender for design, finance, insure, build, own, operate and maintenance of 50 MW power Plant project on rental basis at Kumargaon and Shahjibazar, Sylhet and accordingly the Petitioner as a Joint Venture Consortium participated in the said Tender successfull......er Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Ka......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 Petition No. 3 877 of 2..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
.... case, practically, there is no evidence to prove the charge against this accused-petitioner Md. Shahabuddin and that both the trial court and the appellate court has committed great miscarriage of justice in convicting and sentencing this accused-petitioner in the absence of any evidence at all. ......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. ...... Lawyers Involved: Shamsuddin Ahmed Babul, Advocate 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...... 19.12.2001 alleging, inter-alia, that on 17.12.2001 at about 5.15 P.M. the accused Taleb Ali alias Tala, Ershad, Azad, Shamsu, Dulal, Nasir and Shahabuddin and 5 to 6 other unknown persons forming unlawful assembly and being armed with various deadly weapons entered into the house of the informant ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....1898 (Act No. V of 1898); section 561A The inherent powers of the High Court Division is neither alternative nor additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. Section 561A,......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. ......bsp; Result: This petition is disposed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be acting with......o harbour any doubt in the mind of the accused that the learned Magistrate was influenced by any other extaneos consideration for which he suspected that he would not be dealt with in accordance with law on the date so fixed. Even then, the accused-respondent moved the High Court Division an applica..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... independent inherent Mst. Nahida Sultana Vs. M power of the High Court Division of the Supreme Court and this power can be exercised in case of abuse of process of court and for securing the ends of justice and or to give effect to any order under the code." Under the facts and circumstan...... 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 ......ip;………………………….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and another, 7 BLT(AD) 282; Md. Shamsuddin alias Lamb...... cited as witness No.1. The learned Magistrate, 1st Class, by order dated 14.06.1999 sent the complaint of Arabjan Bibi to the Officer-in-Charge, Moulvi bazar Police Station, for taking action as per law and to inform the Court as to the action taken. The complainant Arabjan Bibi remained absent in ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
87728789879088379610833696458775871885248712873486748815876896148961833185149615