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Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....her provisions of the Code, 1898 is silent about a situation where the Magistrate fails or omits to comply with the statutory obligation cast upon him to stop the investigation. 27. But the legislative intent was ensuring speedy investigation and thereby avoiding the harassment and social ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
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. ......Police for his inexperience failed to appreciate this aspect of the case and submitted charge sheet for which the appellant has been highly prejudiced. In support of his submissions Mr. Razi refers a decision in the case of Akhter Hossain Vs. State, represented by the Deputy Commissioner reported in..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....itute the prima-facie element of mens rea as is required. In this forum created under section 561A interference on such count is neither desirable nor acceptable because this will go to frustrate the legislative intent to secure trial of the accused-persons against whom prima-facie case is found to ......cellaneous Case No.19328 of 2008)
Judgment
December 14, 2011.
Result:
The rules are discharged.
Rule of stare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Cou..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....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. ......e Mills Ltd; moreso before transferring the petitioner to the disinvested Jute Mills, he was neither consulted nor his consent was obtained. In taking the said view the learned Judges relied upon the decisions given by two different Benches of the High Court Division in Civil Revision No.600 of 1988..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....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. ......rit in accordance with law. In support of her contention the learned counsel refers to the case of Usha Chemical Industries Ltd., Vs. Bangladesh reported in 63 DLR 563 and also an unreported decision of the Division in Writ Petition No.2876 0/2010 (Beximco Pharma Ltd. Vs. NBR) wherein unde..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... commencement of trial would amount to stifling the proceeding without giving opportunity to bring evidence in support of accusation. In this respect, reference may be made to the case decision reported in 28 DLR (AD) 18 and 31 DLR (AD) 69. 10. For the purpose of quashing a pendi..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... 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. ......ave to appeal before this Division. 8. Mr. Md. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing on behalf of the leave petitioner, submits that the case arose out a tender and that the decision of floating the tender was taken by the Board and not the President of Co-operative Bank an..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....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. ...... appeared in the application for appointment and that of joining report does not appear to be identical. Thereafter, respondent No.5 issued a letter to respondent No.4 asking him to submit a specific decision in the light of the provision of clause 12 of the instructions for appointment. The respond..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....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. ......rned Advocate further submit that in implicating 3rd party petitioner in the suit then their simple suit for specific performance of a contract would be changed to a suit for declaration which as per decision of Golam Kader being dead his heirs Niirun Nahar Begum Vs. Abdul Khaleque Coukider; 43 DLR ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......ed in 28 DLR (AD) 38, the Appellate Division has clearly spelt out the categories of cases where the High Court Division should interfere under section 561A of the Code of Criminal Procedure. In that decision, the Appellate Division has observed as follows: (a) Interference even at an initial sta..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....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. ...... Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the Respondents to show cause as to why the Respondent Nos. 1 and 2 shall not be directed to implement the Government decision to declare the Petitioners as Second Class gazetted Government Officers as per the Gazett..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....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. ......proved, therefore, findings arrived at by the trial Court is no doubt a gratuitous one which is not at all sustainable in law. In this connection Mr. Abdus Salam Mondal has rightly referred to a decision in a case where such a principle of law was laid down by our apex Court in the case of Moha..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....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. ...... the date of issuance of the notice for submitting wealth statement there was no any existence of Commission, the notice was served under the signature of the Secretary of the Commission. In the said decision it has also been held that "Satisfaction must be of the Commission itself constituted ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......ust be reflected in the FIR if they are not dissuaded or dislodged by any quarter or at least that would be disclosed to others immediately after occurrence. 39. Thus having regards to the above decisions it appears to us that P.Ws. 2, 3, 4 and 5 claimed to have seen the occurrence staying in t..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....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. ...... Division by various statutes……………………………………….(62 & 63) Doctrine of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of ..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)
....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. ......agent shall be sufficient. The learned Judge further held that knowledge of the brother does not mean the knowledge of the petitioners. 13. The learned Judge of the single Bench relied upon a decision of this Division given in the case of Abdul Rashid and another Vs. Abdur Barek and other,..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......s. His such fantabulous and marvellous evidence appears to be free from doubt and falsity. So, the trial court rightly relied on the evidence of P.W.1. 32. The preponderant view emerged from the decision of the cases, Abdul Quddus Vs. State, 43 DLR (AD) 234, Abdul Hai Sikder Vs. State 12 BLD (A..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......gment of concerned revenue officer dated 6-11-1968 and thereafter the government did not prefer any appeal or take any legal step in the higher forum meaning thereby government accepted the aforesaid decision of the revenue officer. Another important matter also avoided by the Appellate Court in his..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....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. ......? The resolution taken by the Board of Directors of any Bank does not have the binding force of law and is enforceable by the High Court Division for a number of reasons. Firstly, because the decision that was taken did not reach finality for want of approval of the Ministry of Finance. Sec..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......der dated 26.10.2009 directed the complainant to appear before the Tribunal on 2.11.2009 along with the judicial witnesses, it was incumbent upon the Tribunal to examine the said witnesses and pass a decision on the naraji petition. Without doing so, the learned Judge accepted the enquiry report fur..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
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