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Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
.... Judgment reported in 62 DLR (AD) 290 it has also been held that "asking a detenu to submit return of his assets within a period of 72 hours, it itself a worst example of arbitrary action on the part of the concerned authority. A notice must allow a reasonable time to check-up the details of th......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)
.... of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witness In a particular case all the eye witnesses may appear to be interested witnesses and bitter enmity betwee...... the FIR) sent to the police station for recording the case and accordingly Gangnee Police Station Case No.8 dated 10-11-1998 was recorded. The case was investigated by P.W.12 who after completion of investigation submitted charge-sheet under section 302/34 of the Penal Code against 13 accused and e..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....other....................Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot b......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
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....taken by the Police Station, although it is certainly the duty of the local police to stop any illegal construction within their jurisdiction. 8. Director General of Bangladesh Archeological Department has submitted an application to the Chairman of Rajdhani Unnoyon Kortipokho (RAJUK) infor......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....ess of this case as he was living beside of the house of accused Matiur Rahman @ Mati. He next submits that the prosecution also examined some local witnesses who are not connected with the informant party in any way has supported the prosecution case as well as the evidence of P.W.1. There is nothi......ation Report (in short, the FIR) with Dohar Police Station on 1-8-1993 and accordingly Dohar Police Station case No.1 dated 1-8-1993 corresponding to GR No.51 of 1993 were started. Police took up the investigation of the case making inquest report on the cadaver of the deceased and also sent the sam..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nt of approval of the Ministry of Finance. Secondly, Bangladesh Bank did not give its clearance in respect of write off of the entire loan specially the capital amount. Thirdly, the move on the part of the Bank was tainted with external pressure. Fourthly, it is against public policy in as mu......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
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....e Raipura Police Station Case No. 11(4)2009 was pending. The complainant being aggrieved by the said report filed a naraji petition on 5.7.2009, upon which the learned Judge of the Tribunal heard the parties and found that the complaint case and the aforesaid Raipura police station case did not aris...... reported in 14 BLC 527. In those cases two different Benches of the High Court Division consistently held the view that on receipt of a police report, the Tribunal has jurisdiction to direct further investigation or to take cognizance of offence or to discharge the accused by recording its satisfac..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....no subsisting interest in the suit property, the suit for specific performance is not maintainable against them. 3. The trial court decreed the suit against the contesting defendants and ex-parte against the defendant Paresh directing them to execute and register a sale deed. On appeal by......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....iminal Miscellaneous Case No.28908 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR ca...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....r, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 8. The Commissioner of Customs, Customs house, Chittagong. 9. The Principal officer, Marine Mercantile Department, C.G.O Building, Agrabad, Chittagong. With Leonard Purba Second Engineer of the Vess......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....aid appeal. BTRC, however, continued with the said process and on 26-4-2011 executed another formal agreement with respondent No.11 (in place of respondent No.10). The Review Panel, after hearing the parties including the BTRC, by its decision dated 8-5-2011 (Annexure-I) 'cancelled' the revi......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....tation Case No.13(6)07 pending before the Chief Metropolitan Magistrate, Dhaka and Title Suit No. 6451of 2008 pending before the District Judge, Dhaka, as the said two cases were pending between same parties and result of the said cases are relevant for proper adjudication of the present Nari-o-Shis......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....g for the State submits that although there is some small inconsequential discrepancies in the evidence of the prosecution witnesses would not affect the case as there is no contradiction in material particulars. He further submits that in our social context, no parents can level any stigma on the c......im. The informant filed an application to the superior authority and getting no response, lodged the ejahar, which gave raise to Lakshmipur Police Station Case No.10 dated 9.5.2000. The police, after investigation submitted charge sheet on 6.7.2000 under section 10(1) of the Nario-Shishu Nirjatan Da..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....have challenged the proceedings in criminal cases in the nature of writ of certiorari. More so, one of the appellants being a citizen of Korea, he is not entitled to all the rights guaranteed in part III of the Constitution which are available to the citizens of Bangladesh. Only rights guarant......rtained petitions under section 561A of the Code of Criminal Procedure on the same subject matter. Some Benches are of the opinion that a criminal proceeding can be quashed at the initial stage of investigation and some other Benches have taken different views. As a result, accumulation of numbe..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....না মূলক আয়াতগুলো পড়ে। তবে তা বাংলায়।” 39. In cross-examination he stated that the arrestees did not disclose about any political party or JMB. He denied the suggestion that the arrestees told nothing to him. 40. P.W.30 Hafez...... a first information report by SI Lutfor Rahman (P.W.1) as informant which was recorded as Jhenaidah Sadar Police Station case No.17 dated 17-8-2005 corresponding to GR No.217 of 2005. 5. During investigation two accused namely Md. Tariqul Islam alias Rinku and Kazi Md. Rokunuzzaman alias Mithu..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....nal Miscellaneous Case No.2956 of 2005. Judgment AKM Fazlur Rahman J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No. of 2005, arising out of the GR......6/409/420 of the Penal Code. 3. Accordingly Kotwali Police Station Case No.81 dated 18-11-2003 under sections 406/409/ 420 of the Penal Code against cashier Farid Uddin alone was recorded. After investigation of the case it was found that Farid Uddin in collusion with Iqbal uddin Ahmed Chowdhur..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Kamal-ul-Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order d......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
....al evidence within the meaning of section 3 of the Evidence Act........ (18) Conviction can be awarded on the evidence of a solitary witness Section 134 of Evidence Act contemplates that no particular number of witnesses shall, in any case, be required for the proof of any fact and, as suc......d witness and the impugned judgment and order based on the evidence of interested witness is not sustainable in the eye of law…….... (17) Police officer-cum informant should not be investigation officer Generally an informant who is a police officer should not be investigatin..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
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