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Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....amed charge against the convict-appellant under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Since the convict-appellant was not present at the time of framing charge, the same could not be read over to him and the Court proceeded in his absenc...... 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
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and othÂers, 2011, 40 CLC (AD)
....red as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In......record." Security of Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....rned 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 inherent power under section 561A of the Code of Criminal Procedure can not be considered......
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.
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Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... post of Deputy Project Director in the scale of Tk.475-35-685-EB-40-1005-45-1275 and was posted at Khulna District Office of the Integrated Rural Development Program (IRDP) on 10.11.1978. In the meantime with the promulgation of Bangladesh Rural Development Board Ordinance, 1982 the IRDP was abolis......osition and of higher responsibility than that of his previous post of Deputy Project Director he applied to the authority to fix his pay as per fundamental Rule 22(a)(i) which stated that "When appointment to the new post involves the assumption of duties or responsibilities of greater importa..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....the disinvested Jute Mills. After joining the said disinvested Jute Mills, the petitioner made representations to BJMC as well as to the Minister-in-Charge of the Ministry of Jute and at one point of time, he made representation to the Chief Martial Law Administrator (CMLA). The petitioner again mad......hat he was appointed on July 1, 1972 as Accounts Trainee Officer in the Bangladesh Industrial Development CorÂporation and later on, by the office order dated February 10, 1973, he was given regular appointment by BJMC with effect from November 6, 1973. BJMC being satisfied with the service of the ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ainst any decision or order relating to any duty demanded in respect of goods which have ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing his appeal or if he is so permitted by the appellate authority at any later stage be......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)
....overnment rules and procedure amongst the real orphans of the country for which the fund was created. It is submitted that only one sanction by the Anti-Corruption Commission is necessary at the time submitting charge sheet as provided under section 32 of the Anti-Corruption Commission Act......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
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....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. ......igh Court Division in writ petition No.3614 of 2008. 2. The respondent No.1 herein filed the above mentioned writ petition before the High Court Division challenging the order of cancellation of appointment letter contained in Memo No. Prashio/09/ appointment/05/Kishore/1098 dated 02.04.2008 (A..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....n the house of her mother. Their wedding tie has been continuing. On 4-11-2008 at 9-00 A.M. the appellant coming to her rented house at Bananipara disowned their marital tie. He ravished her for long time creating her wrong impression in her mind that the marriage between them had taken place. ......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
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....it does not come within the mischief of "rape" as defined in section 375 of the Penal Code. 5. Considering these facts and circumstances the accused-petitioner has granted ad-interim bail at the time of issuance of the Rule and thereafter he has not misused the privilege of bail in any way, so ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ry party in the instant suit for passing effective decree as such the petitioners are necessary party not property party, to be impleaded to the suit. Learned Advocate lastly submits that by his time, during pendency of these suits, Khodeza Khatun died as such if the suit of the plaintiff oppos......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....f the Code of Criminal Procedure and obtained the Rule. 7. Be that as it may, Mr. Md. Khurshid Alain Khan along with Mr. Muhammad Masudul Haque has appeared before us in support of the Rule at the time of hearing. Both of them submit that it is a case of 'no evidence' as against the petitioner Sh......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
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....nce denotes a thing punishable under the Code or under any special or local law. Section 4 (c) of the Criminal Procedure Code says offence means any act or omission made punishable by any law for the time being in force. It could not be shown before the court that the action of the petitioner liable......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ainability of the writ petition on the ground of availability of the alternative efficacious remedy before the Administrative Tribunal was also neither taken in the affidavit-in-opposition nor at the time of hearing of the Rule and also in the leave petition and the concise statement. According to t...... to as the Recruitment Rules, 1979) in the National Pay Scale of Taka 425-30-574-EB-80-735-50-1035 having fulfilled the requisite qualification of 'Bachelor's degree' preferably with economics. Since appointment, the writ-petitioners have been discharging their duties to the satisfaction of the auth..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....tion in the absence of legal evidence. Williams, J., argued that there is a danger in the excessive devoÂtion to the rule of benefit of doubt at the expense of social defence and to the soothing sentiment that all acquittals are always good regardless of justice to the victim and the community. In......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)
....e prosecution has to prove its Case. Having discussed as above, we find no merit in the Rules. Accordingly, all the three Rules are discharged. 42. The order of stay passed at the time of issuance of the Rules are hereby recalled and vacated. The learned Metropolitan Ad...... 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. ..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)
....defendant Nos.1 and 2 had already been recorded in respect of the suit land although they had no right, title, interest or possession therein and upon query the defendant No.3 disclosed for the first time that the defendant Nos.1 and 2 had purchased the suit land from Abul Hashem by a registered kab......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....nal No.2, Dhaka and charges were framed against the accused perÂsons under Section 19A and (f) of the Arms Act to which the present appellant pleaded not guilty and claimed to be tried. 6. At the time of the trial the prosecution in all examined 9 (nine) witnesses to prove the case. The defence ......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)
....2. 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, Sharmin A......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)
....cted to submit the statement of wealth within 72 hours by appearing in person before a Director namely Ms. Nasrin Ara Surat Amin of Anti-Corruption Commission, Head Office, Dhaka. The said stipulated time was expired, but the convict-appellant did not submit the statement of wealth as per direction ......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
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