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Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......is as under; "The position shall be more clear if we read sections 45 to 46, prescribing various period as to filing/disposal of case in the aforesaid separate chapter i.e. chapter VIII. In view of what has been stated above we are of the view that, acceptance of the argument of the respon..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......ed purpose for the disposal of this Rule and nothing herein expressed would in any manner operate as a bar or have bearing in any proceeding in this context. 16. Be that as it may our considered view is that the Memos by which the respondent No. 1 ACC has made a claim from the petitioner a..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......53 was amended by Act No.XXIX of 1987. Though secions 93 A and 93B of the Town Improvement Act were repealed by Act No. XXIX of 1987, the said provisions of the Town Improvement Act shall continue in view of clause-(Uma) of section 73 of the Act No. XXIX of 1987. Clause-(Uma of section 73 of Ac..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... Mr. Asaduzzaman, however, could not assail the impugned judgment on merit. 21. As such, the question of raising violation of natural justice does not arise at this stage. 22. We are of the view that the High Court Division was justified in making the Rule absolute. We are, however, of the..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......other, unless the court can be assured that from the very inception the accused never really intended to marry her."(Para: 16). 24. In the case referred to above, in the matter English view was also discussed, in para 10, as had been observed in the case of R Vs. Clarence, (1886-90) A..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......i Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Division also confirmed the death sentence and this Division also affirmed the sentence. A review petition was also filed before this Division. This review petition was also dismissed. Thereaft..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......i Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Division also confirmed the death sentence and this Division also affirmed the sentence. A review petition was also filed before this Division. This review petition was also dismissed. Thereaft..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ...... Settlement Officer, Dhaka, submits that the record-of-rights has not yet been finally published and notified in the official Gazette in the names of the petitioners in respect of Khatian No. 1645 in view of the provisions of rules, 32, 33 and 34 of the Rules, 1955 and, as such, the Revenue Officer ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....overt-acts of the respondents which were consistently corroborated by each other. They proved the prosecution case beyond all shadow of doubt. The High Court Division misread the medical evidence and erroneously held that the medical evidence do not support the prosecution story. 10. On the oth......wound on lower limb 1½”x ½” x in size. (4) Deformity and right side direction of nose was present. (5) Lacerated injury of upper and lower gum present. 13. In view of the post-mortem report of Kotai as quoted above and the consistent evidence of P.W. s 2, 3, ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....fter the decree ' has been partly executed-the only limitation being that the Court may deem it inexpedient or inequitable to exercise its powers when third parties have acquired rights under the erroneous decree without a knowledge of the circumstances which would tend to show that the decree w......der Bank to amend the schedule inserting plot number wherein specific boundary, Khatian number and quantum of land are same as in the title deed of the mortgagors. It is in this Court's view that inclusion of plot number in the Execution Application was a mere surplusage, not calculate..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......iscovery of arms and subsequent escape of Shahjahan in the manner as has been stated, nor we can accept the allegation made by the petitioner as to the death of Shahjahan. We are, however of the view that the Rule for the production of the body of Shahjahan has become infructious as in our opin..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......system. By the Company's own reckoning this was to be the last hurdle before the BSEC's final approval of the prospectus. It so transpired, however, that on 8-7-2014 the BSEC upon a further review of the Prospectus served the Company with a second Deficiency Letter. It was not until end-2014..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......erfere therewith. Therefore, I find no substance in either of the contentions as raised by the learned Advocate for the petitioners. The decisions cited are distinguishable on facts. 21. In view of my discussions made in the foregoing paragraphs it is by now clear that the inst..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......rily as to the specification provided in the schedules of contracts and there were also certification in all cases that billed amounts were not more than the value of the works actually done. In view of such certifications, there were no scope to deduct the amount withdrawn, so there were ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....at review is necessary to avoid miscarriage of justice…………….. (20-26) GENERAL AMNESTY Bangabandhu exonerated all Criminals Against Humanity, is founded on erroneous belief and is hence legally untenable. The truth is that Bangabandhu granted mercy to thos...... the Chief Prosecutor, International Crimes Tribunal, Dhaka……………………….Respondent Judgment April 5, 2015 Result: The review petition is dismissed. A review petition cannot be equated with an appeal A review pe..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
...... this connection;
(g) the writ petitions are misconceived with malafide motive to avoid payment of huge Government revenue and the Rules are thus, liable to be discharged with costs.
10. In view of the submissions of the learned Advocate for the petitioner and the learned Deputy Attorney G..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....s' suit for recovery of khas possession on redemption of mortgage was not maintainable in law, but the trial Court as well as the High Court Division on misreading and misconstruction of the deed erroneously held that the deed in question (dated 22-4-1936) was a deed of mortgage and not an out a......s not a partial transfer, but a transfer of all rights in the property reserving only a personal right of repurchase or preemption which is lost if not exercised within the stipulated time. The above views were taken in Alderson Vs. White, (1858) 2 De G & J, 97 and these views were accepted by t..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ...... Court Division did not commit any illegality or made any error in law by holding that the pendency of the civil suit will not be hindrance to proceed with the criminal cases." 12. The same view have been taken in Khondaker Mahtabuddin Ahmed Vs. State 49 DLR (AD) 132 and in Shamsul Islam c..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......;tence of the Tribunal and there being no merit in the appeal, the same be dismissed. 11. From the leave granting order, it is apparent that leave was granted on a limited point whether, in view of the certificate given by the doctor that all the injuries sustained by the victim were simpl..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......y;tion 18(a) of the Arms Act, it is ex-facie clear that the principle of natural justice has not been excluded either expressly or by necessary implication before cancellation of any licence. In that view of the matter, the principle of natural justice should be deemed to have been incorporated..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
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