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Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

.... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ...... lodged an FIR with Chandanaish Police Station against 3 accused per­sons namely (1) Colonel Oli Ahmed (Rtd.), for­mer Minister for Communication and a Member of the Parliament at the time of occurrence (2) Nurul Anowar, the Chairman of Harala Union Parishad, and (3) Alhaj Md. Yunus, Contrac..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)

.... There is no scope for holding cultural programs for public amusement as sought to be done by the petitioner save as provided by the Places of Public Amusement Act 1933. There must be ‘notified places of public amusement’ as per requirement of the Act for the purpose of such programs. ...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..

Category: Others | Date: 28 Jun, 2014 | Hits: 91

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......that the accused assaulted his wife Kohinoor for demand of dowry, the informant Md. Kamal Biswas being accompanied by Anwara Begum, Akter Biswas, Rejaul Sheikh and Salam Biswas rushed to the place of occurrence, i.e. the dwelling house of the petitioner Mahabur Sheikh. _In their presence accused Mah..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ......endant No. 1 is not enti­tled to any relief of mandatory injunction because she was never in possession of the disputed land and she had never constructed any shop room and, as such, there was no occurrence of dispossession of the defendant No. 1 from the disputed land as alleged during the peri..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......nd, as such, there is no good ground, to interfere with the impugned judgment and order dated 1-12-2008 passed by the learned Sessions Judge, Rajshahi by this Court at this stage; 2. the time of occurrence, place of occur­rence and the manner of occurrence have been proved by the prosecutio..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ...... is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that is, after 11 days of the promulgation of the Bidhimala the occurrence of this case was taken place. The permission either in written or oral was mandatory for ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

.... .......................... . ...... (c) any lease of land whereon dwelling houses, manufactories or other permanent buildings have been erected, or permanent gardens, plantations, tanks canals, places of worship of burning or burying grounds have been made; (d) ................................. and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......hich was lodged within few hours of the killing. Besides P.Ws. 2-4, Md. Mahfujul Iqbal (P.W.5), Md. Mokarram Hossain (P.W.6), Mobarak Hossain (P.W.8) and Tota Mia (P.W.9) were present at the place of occurrence. They corroborated the prosecution case as regards the time, the place and the manner of ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......complainant refused to comply with his demand, the accused appellant forcefully sold out her gold made ornaments and also threat­ened to divorce her and get married again. On the date and time of occurrence the accused appellant in association with the other accused persons demanded dower of Tak..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......loan against mortgaging of gold orna­ments and he also used to deal in making, sell­ing and purchasing gold ornaments; the accused and his fore-fathers had been doing business at the place of occurrence shop for over a long period. In the report, it was also specifically stated that cash mon..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ...... case as projected in the first information report (briefly as FIR) and unfurled at trial are that Sufia Begum (since vic­tim) (P.W. 2) was married with Arju Mia (P.W.3) before 14/15 years of the occurrence. During their wedlock three children born and she used were reside in her conjugal home. ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......nswer to a question the Chairman of the 350th Syndicate meeting, Professor Abdul Mannan told him inter-alia that the judiciary is the final shelter place for the citi­zens and if there is such an occurrence (interpola­tion of tabulation sheet) then the people will lose their faith. Finally, ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....ormant exerted pressure upon the accused-petitioners through village 'elites' but at that time they denied taking his daughter. The informant then tried to trace out his daughter in different places. After that, he came to know that the accused-petitioners very tactfully sold his daughter in......e­cution witnesses is of total denial contending, inter-alia, that the accused were falsely implicat­ed in this case out of enmity inasmuch as they were not responsible for/connected with the occurrence. The alleged confessional statement is not true and voluntary and the same is the product..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......nless he springs from sources which are likely to be taint­ed and he has no enmity against the accused to wish to implicate him falsely. The testimony of an eye witness which is natural as to the occurrence and whom one would expect to have seen the occurrence, cannot be doubted only because he ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......atch, valuable attires and utensils from his house causing loss of total taka 51470/=. The inhabitants of the house raised hue and cry to which the neighbors and local witnesses rushed tothe place of occurrence. At the same time the local police from the nearby police camp rushed to the spot and cau..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

.....56 for the contracted same period as Secretary with­out adjusting the previous received money. It has been further alleged that the convict-appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and ille­ga...... the Respondent No. 2, ACC strenuously argued that all the prosecution witnesses support­ed the case of the prosecution in a harmonious voice mentioning the point of time, place and manner of the occurrence and, as such, the impugned judgment and order of conviction is liable to be affirmed. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....dents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken places should not be declared illegal, without lawful authority and is of no legal effect, and/or su......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....n in Briggs that in determining whether a particular function is public or private would depend on detecting a public law element in the relationship between a decision-maker and an affected party as places such relationship within the public domain and so renders it amenable to judicial review. ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....or disturbance'." 16. VAT being an indirect tax is to be borne by the consumer or receiver of the service unless the contract otherwise provides. It is true that section 3(3) of the Act places the burden upon the service Tenderer to pay the tax. But the Act did not say anywhere that se......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......his nature it is imperative to keep in mind certain social and moral aspects as well as the background of the victim for proper adjudication. Shefali was an illiterate village girl who at the time of occurrence was below the age of 13 years. She came from a poor family, who forced her to work as a m..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7