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Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ...... the submissions of the learned Counsel for the petitioner and the learned Deputy Attorney General for the respondents and perused the impugned judgment of the High Court Division and other connected papers on record. 9. The provisions for transferring the case under the Druto Bichar Tribunal A......an Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption ComÂmission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....that he would not get fair justice from him. The function of the Public Prosecution is to produce witnesses on behalf of the prosecution and to examine them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and to place the argum......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......(Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2, 2012. Result: This Leave ......ould not get fair justice from him. The function of the Public Prosecution is to produce witnesses on behalf of the prosecution and to examine them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and to place the argument befor..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....hment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan o......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. ......per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th......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)
....409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. It also appears from the record that the investigation was held by an incompetent officer who admittedly at the relevant time was an officer below the rank of Inspector. On the basis of his investigation the char...... 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. ......o.1664 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District ...... 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. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
.... should not be an instrument of oppression, or, needless harassment where the concerned Court should be circumspect and judicious and in exercising such discretion the Court should take all relevant facts and circumstances into consideration before issuing process; at the same time; this i......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………………&......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....ment letter of this writ petitioner the annexure-A which the learned Counsel for the appellant has brought to our notice proves conclusively that IRDP was a purely government body. The relevant portion of this annexure-A reads: "On successful completion of training at the BA......loyee of IRDP can never be treated as a government employee. 8. But we are unable to accept this very argument of the learned Counsel for the appellant. The learned Counsel could not show us any papers or any other material to substantiate his argument that IRDP was not a government project. No......mmad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........Appellant Vs. Mohammad Shahjahan and others………………………........Respondent...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....le is not opposed by the responÂdents by filing any affidavit in opposition. 7. To the appreciate the issue let us first disÂcuss some of the provisions of VAT Act and the Customs Act, 1969 relevant in this regard Section 42 of the VAT Act states: “৪২। আপিল।– ......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. ......iction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents Judgment December 12, 20......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. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....revention of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Direc......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. ......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&......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. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....he learned Judicial Magistrate, who framed charge against the leave petitioner and that the High Court Division affirmed the judgment of the learned Additional Sessions Judge without looking into the relevant provision of law and, as, such, the impugned judgment should be set-aside. 9. Mr. Md. ......ssions Judge and, as, such, the impugned judgment should be set aside. He also submits that unless a prima facie case is found out by the Criminal Investigation Department (CID) by examining the papers, the learned Magistrate cannot take cognizance of the offence against the leave petitioner an...... Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)…………………........Petitioner Vs. State and another...........................Respondents Judgment December 8, 2011. R...... 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. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....he order of cancellation of appointment letter contained in Memo No. Prashio/09/ appointment/05/Kishore/1098 dated 02.04.2008 (Annexure-1) issued under the signature of respondent No.3. 3. Facts relevant for disposal of the petition for leave to appeal are that at the instance of the respondent......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. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter............................................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. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....an Daman Tribunal, Sunamganj, (hereinafter referred as the Tribunal), in Nari-o-Shishu Case No.40 of 2009 framing charge under section 9(i) of the Ain against the accused-appellant. 2. The facts relevant for the purpose of disÂposal of the appeal, in short, are that informant Sultana Lucky on ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage.......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....cing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The accused Md......oncealing, himself so that he cannot be arrested and produced before it for trial and there is no immediate prospect of arresting him, it shall, by order published in at least two Bengali daily newsÂpapers having wide circulation, direct such person to appear before it within such period as may be ......ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No......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. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....eexamined in chief after cross-examination but she did not say anything against the appellants who is the only witness to prove the preÂvious conduct and motive the appellants, which may be taken as relevant fact to connect them with the occurrence. Even no suggestion was given to her by the prosec......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....was no sufficient ground to frame charge against the accused-persons. 16. The learned Additional Sessions Judge after hearing the respective parties, perusing the petition of complaint and other relevant documents by the order dated 16-3-1999 framed charges against the present accused-petitione...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......risdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite......fficient ground to frame charge against the accused-persons. 16. The learned Additional Sessions Judge after hearing the respective parties, perusing the petition of complaint and other relevant documents by the order dated 16-3-1999 framed charges against the present accused-petitioners under ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....concerned Upazilla in the year 1974 it was without jurisdiction. Referring to the provisions of section 3(3) of Public Demand Recovery Act the learned Advocate for the respondents submits that at the relevant time it was the Sub-divisional Officer who were engaged as Certificate Officer and any......tness also claimed possession in the suit land by the plaintiff and he denies possession by the defendant's sides. 22. During cross-examination this witness admitted that he has not seen the papers relating to auction sale. This witness also denied the suggestion that the deed of transfer f......rted in: 18 BLC (HCD) (2013) 260. ......, therefore, the suit ought to have been dismissed as a whole. 16. Mr. Fazlul Hoq the learned Advocate appearing with Mr. MC Chowdhury, submits that the evidence adduced by the plaintiff and the documents produced before the Court if considered in their proper perspective warrant a decree in th..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....an for recovery of the arms. Eventually, this witness was tendered and the defence declined to cross-examine him. 24. P.W.7 Sayed Faruquzzaman was the duty officer of Lalbagh police station at the relevant time who recorded the ejahar and filled up the column of ejahar from. He proved the ejahar ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....her. 12. After trial the Tribunal convicted the accused as aforesaid. 13. The learned Deputy Attorney-General appearing for the State submits that it has been proved by the evidence that at the relevant time of occurrence the accused were present at the PO. He adds that the evidence of P.W.2, ......led against them and they are disÂcharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ......led against them and they are disÂcharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....ture of the Secretary of the Commission. In the said decision it has also been held that "Satisfaction must be of the Commission itself constituted of no other person than its Commissioners. The relevant order to submit assets may be issued by any of its authorised officials but the decisions t......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. ......minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ......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)
....witnesses of the case in our hands. 34. In the case of State Vs. Rafiqullah Khan alias Kazal reported in 7 BLC 480 this Court held in the following ways: "We have already discussed the relevant evidence regarding the complicity of accused Rafiqullah Khan and Abdul Quddus, Mostfa Kamal......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. ......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence 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 witnes......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. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ter referred to as the appellant-comÂpany) is a private limited company incorporated under the Companies Act, 1994 with the objects, inter alia, to apply for procurement/obtaining of licence from relevant Government, Semi-Government bodies or any other statutory authorÂity for the purpose of o......, concise statements filed on behalf of both the parties, impugned judgÂment and order passed by the High Court Division and meticulously examined the relevant laws, documents and other connected papers on record. 16. The appellants' case in brief is that upon an application dated 23-11-20......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others............., perused leave granting order, concise statements filed on behalf of both the parties, impugned judgÂment and order passed by the High Court Division and meticulously examined the relevant laws, documents and other connected papers on record. 16. The appellants' case in brief is that upon..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
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