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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 ...... confession is not consistent with the prosecution case and that the confessional statement of the con­demned prisoner is not voluntary and true; 3. there is divergence between the nature of injuries mentioned in the inquest report and the post mortem report; 4. in the inquest report i..

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

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

....ut the shrewd and cunning Abdus Salam Khokon very tactfully in the name of making part payment of the revenue for their common ancestral proper­ty created this case but the accused being a man of simple minded could not understand the tricks of Abdus Salam Khokon as a result he has become the vi......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   ..

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

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....inition of Bangladesh Bank. However, by the amended definition of the term ‘‘খেলাপী ঋণ গ্রহীতা’’, the Legislature made the definition shorter and simpler in that by providing a simple explanation to the main definition of ‘‘খেল......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

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

....ld on 5th October, 2001, but he did not utter a single word about Ataur Rahman's participation in the discus­sions or role in the conspiracy for the killing of Abdul Kader. Ataur Rahman was a simple specta­tor similar to those of P.Ws.2 and 4 with the dif­ference that these two witne......t the direction given by accused Abdul Quader, the hiring of killing squad, the preparation and the implementation of the plan. It corroborates the time, the place, the man­ner of occurrence, the injuries caused by fire arms and the medical evidence which corroborates the injuries. This confessi..

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

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....e and the supreme law of the land. It must never be forgotten that they are paid by the people to exercise their power on their behalf only to serve their interest. They are public servants, pure and simple, nothing more nothing less. In that sense, they stand to the people in a fiduciary relationsh......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

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   ......m she came out from her dwelling hut for natural call and sat under a date-tree situated at the north-east corner of her dwelling hut. At then, accused hurled acid upon her from the back causing burn injuries to her head, face, shoul­der, chest and back. On her alarm, in-laws including locals ru..

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

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......y affecting the valuable service rights of many of the seniors including the petitioner, which may kindly be restrained to do so, as otherwise, the petitioner would suf­fer irreparable losses and injuries. 52. Mr. Dolon, further submitted that the impugned memo dated 9-10-2013 is arbitrary,..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

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

....in Contempt Petition No. 118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suffer simple imprison­ment for one month. Contemnor No. 5 was sen­tenced to suffer simple imprison......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.   ..

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

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

.... owner of the suit property and that the defendant-wife is his benamdar and is not the owner thereof. The plaintiff's case, in short, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife had no source of income and dependent on the plaintiff-husband. The plaintiff bein......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....opped from raising any objection as to the jurisdiction of the Artha Rin Adalat to hear and dispose of the mortgaged suit in question and the validity of the decree passed therein. Our answer is very simple and is that mere failure to raise objection as to the jurisdiction of a Court to hear and try......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....r. It appears that the Special Judge con­victed the accused-respondent under section 26(2) read with Rule 15(Gha)(5) of the Durnity Daman Commission Bidhimala, 2007 and sentenced him to two years simple imprisonment and also under section 27(1) of the Durnity Daman Commission Ain, 2004 read with......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9

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. ......gh Court allowed the revi­sion and enhanced the sentence to one of death. The High Court observed that the murder was cold blooded and a premeditated one and that three appellants inflicted fatal injuries to Bitta and deserved the extreme penalty of death. In the con­text of the matter, the ..

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

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

....arising out of Motijheel PS Case No. 65(1)91 corresponding to DAB GR No. 12 of 1991, convicting the appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer simple imprisonment for 3(three) years and also to pay a fine of Taka 6,00,000, in default to suffer......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

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

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

....Beer (2003) that revisited the ambit of the notion of the public clement of a private act and its determinants. Dyson LJ accordingly said: "It is clear from the authorities that there is no simple litmus test of amenability to judi­cial review. The relevant principles tend to be stated......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

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....veat on behalf of the writ-petitioner-respondents, on the other hand, supported the impugned judgment and order. 9. We do not find any substance in the sub­mission of Dr. Akter Hamid for the simple reason that the High Court Division has not put any embargo upon the Bakharabad Gas System Li......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......d provisions as stated by the EC and BJI never said or replied to the EC that its constitution is compliant to the RPO, which they have argued here in its submissions, as such, it succumbs to its own injuries. 440. Now let us examine the relevant provisions of the RPO, which read as follows- ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....ission did not dwell much on the question of eligibility of BJI to be registered in terms of the RPO requirements. His contention is that the registration given to BJI was not a registration pure and simple. It was given on provisional basis on a provisional constitution as permitted under Article&n......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....le 17A of the Income Tax Rules 1984 has already been considered in Writ Petition No.9729 of 2012 in the case of M/S. Tania Enterprise-Vs-The National Board of Revenue by this court on 13.1.2013 and a simple annexation of the said judgment with the instant case is suffice for the purpose of disposal ......o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

.... cause of action of the present suit and the plaintiffs at this stage to fill up the lacuna sought the amendment which they cannot do at all and if the amendment as sought for is allowed that will be simple in justice to the defendant-petitioners and an undue premi­um to the plaintiffs. He also ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

...., the Additional Attorney-General has brought to our notice the judgment passed by the High Court Division where the following observations are found to have been made which cannot be refuted by a simple non-seizure of "Kupee Bati" which lighted the place of occurrence at the time of com­missio......a in and around 8-00 PM from where at about 8-30 PM he heard the alarm, raised from his house and instantly rushed there and found his father Nainka Rabi Das (now deceased) having profuse bleeding injuries on his person when his wife Shona Moni, P.W.2, eye-witness of the occur­rence, named both..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16