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Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....forceable when it is a concluded contract, it contains a clear mutual understanding and a positive asset on both sides as to the terms of the contract, it is sufficiently definite and certain, the parties have the capacity to the contract, it is upon a valuable consideration and is not be illega......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Refer...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... Syed Mizanur Rahman, Advocate - For the Opposite Party No.2. Criminal Miscellaneous Case No.12273 of 2002. Judgment Md. Shamsul Huda J.- This rule was issued calling upon the opposite parties to show cause as to why the proceeding of Special Case No.102 of 2002 (formerly Metro. Speci......esh and the FIR was lodged under section 409 of the Penal Code read with section 5(2) of 1974 bringing the charge solely on Md. Rafiqul Islam, former State Minister of Energy and Power. 5. After investigation charge sheet was submitted being No.495 dated 14-10-2002 against the said State Minist..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
.... hand, Section 64(3) of the K.P. Act incorporates an absolute ban against taking cognizance of the offences of the type mentioned therein on the expiry of the period specified therein. 18. That apart the words used in Section 197(1) of the Code for qualifying the offence are seemingly wider. Th......ittagong port into Bangladesh. This gave rise to Motijheel Police Station Case No.27 dated 06.04.2007 under Section 25B and 25D of the Special Powers Act, 1974. 4. The police after completion of investigation submitted charge sheet on 31.10.2007 against the accused persons including the accused..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... G.R. No.881 of 2007 (Sadar) and no charge sheet has been submitted as yet. 5. Mr. A.M. Mahbub Uddin, learned advocate appearing on behalf of the petitioner submits that the petitioner played no part in the offence committed by her husband, the principal accused. Referring to the decision in Ci......the principal accused, which was done in the instant case. In support he has referred to the decision in the case of Salma Shahadat Vs. State, 14 BLC 26. The learned advocate further submits that the investigation in the instant case is at its primary stage and the Court should not interfere in stif..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......ttor of the offence committed by the principal accused, and to proceed against such an abettor, No notice is necessary. 8. We find from the first information report and the charge sheet that the investigation authorities have found, prima-facie that the petitioner has abetted the offence commit..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....IB report published by the Bangladesh Bank on the basis of the information supplied by the Respondents National Bank Limited, is found to be an act of negligence and non-application of mind on the part of Bangladesh Bank, inasmuch as the Bangladesh Bank has treated the writ petitioners as 'defau......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse such a relief this Court will not hesitate....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....r than one of the two surviving off-springs of the Founding Father of the Nation, a former Prime Minister of the Republic and, of course the Primordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailme......যুরো, বাংলাদেশ, ঢাকা টাইপকারক: মোঃ রফিকুল ইসলাম ২৭-০৮-২০০৮ 3. At the conclusion of the investigation, two officials of the Anti Corruption Bureau, named Abdullah Al Zahid and Kazi Shamsul..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....te Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading ......4.08.2005, was totally bereft of jurisdiction in that (1) no officer (the respondent no 5 in the instant case) can dictate the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1 KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading......2005, was totally bereft of jurisdiction in that the, (1) no officer (the respondent no 5 in the instant case) can dictate the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
..... With regard to the substantive Rule, the learned advocate for the petitioner submitted that under section 32(1) there is a need for sanction before any cognizance can be taken by the Court. In this particular case there is no specific sanction for taking cognizance for filing the case against this......mplicated in Motijheel Police Station case No.140 dated 29.3.2007 for alleged offences punishable under sections 409/109 of the Penal Code read with section 5 (2) of Act II of 1947. In due course the investigation of the case was handed over to the And Corruption Commission, who after due investigat..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... Magistrate, G.R. Court No.1, Kishoregonj. 8. In the affidavit in opposition the Secretary, Ministry of Home Affairs confirms that the three children were arrested on 22.01.2010 by on-duty police party comprising one Habilder and three Constables of GRP, and two Ansar personnel. The children had......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....egislation and provides for special procedure to be followed for declaring a person (loanee) as insolvent / bankrupt and the said Act appears to be a remedial Act for protection of interest of the parties. A remedial act is not necessarily becomes retrospective unless it has been given retrospec......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....rnment decides withdrawal of a case from prosecution...................................(11) Cases Referred to- Sreemoti Protiva Rani Dey (Tirtha) Vs. Dr. Md. Yusuf, Medical Officer, Emergency Department, Chittagong Medical College Hospital and others 20 B.L.D. (AD) (2000) 54; Shah Obaidul Mann...... certificate dated 25.6.2001, medical certificate and other medical reports lying with the Lower Court Records in support of the commission of rape as made in the F.I.R. Further it appears that after investigation having found incriminating materials the Investigating Officer submitted charge sheet ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....s examined 6 witnesses and exhibited documentary evidence, as Exhibits. Ka-Da. 5. The learned Additional District Judge, on consideration of the evidence on record, observed that though both the parties claimed that Aboni Chandra Ghosh and others by a deed of endowment dated 1st September, 1947......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....of the Convention of the Right of the Child (CRC), the learned advocate submitted that the UN Convention has not been incorporated into our domestic laws and, therefore, cannot be given effect to, in particular since it is inconsistent with our domestic law as enunciated in the decision of our Appel......ing that accused Prabir Deb Nath, Sanjoy Mazumder, Bishwanath Deb Nath and Manik Lal Deb Nath kidnapped his daughter Kanamika, who was at the time a candidate for the S.S.C. examination. 3. After investigation police submitted charge sheet against the principal accused Probir Deb Nath under sect..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his salary under Monthly Payment Order (MPO) Scheme stating, inter alia, that he initially j......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....t: ATM Fazle Kabir J Soumendra Sarker J Md. Saiful Islam and others………………………Petitioners Vs. The State and another……………………….....Opposite party Judgment December 8, 2009. Result: The Rule is made absolute. ......e forwarded the said petition of complaint to the officer-in-charge of Belkuchi police station for treating the same as FIR and for taking necessary action. 4. The investigating officer after investigation of this case found the allegations to be false and submitted police report in the for..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
.... Party No.1. Criminal Miscellaneous Case No. 8571 of 2008. Judgment Md. Abdus Samad J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceeding of the Sessions Case No.1208 of 2007 arising out of C......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
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