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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
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 necessary 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......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..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 devotion 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 persons 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 discharged 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
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d found accused Rustom to slaughter Atiar Rahman. Had the occurrence been witnessed by those eye-witnesses they could have narrated the manner of occurrence in details. He further submits that at the time of trial P.Ws. 2, 3, 4 and 5 claimed to have seen the occurrence standing in the house of neigh......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)
....hat they received the impugned Memo dated 19-11-2009 issued by the respondent No.2 through fax; that the NOC dated 05-2-2002 accorded by the respondent No.1 was given for an indefinite period of time; that there was no violation of any law on the part of the appellants for carrying out the tes......ic scenario of the State, the scope of the earlier notifications had to be restricted. They were first abrogated altogether on 20-5-1977. Thereafter, it was decided to grant exemption at a limited scale. 32. The doctrine of promissory estoppel cannot be invoked to carry out a representati..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....te order allowing the pre-emption application stating, inter alia, that the summonses of the miscellaneous case were not served upon them; they came to know about the ex-parte order for the first time on 26.05.1997 when the pre-emptor disclosed that he got the case land through pre-emption; the......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....angladesh and the Government is under a duty to protect the interest of the people by protecting the historical places. The affected people are unable to come to protect this historical place of sentimental importance and hence the petitioners move this Public Interest Litigation (PIL) before th......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
.... him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in the FIR and also unfurled at the time of trial, in short, is that deceased Tarun Kumar Saha is the younger brother of informant Arun ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....II 129/80-81 for DCR (এক্সজিঃ-৮) dated 20-4-1981 for demarcation of the suit land. Accordingly notice was served upon the opposite-party i.e. Department of Forest for appearing at the time of demarcation. Thereafter that the Sreepur Thana Land Officer passed necessary order as well a......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
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